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102d Congress JOINT COMMITTEE PRINT
2d Session
COUNTRY REPORTS ON HUMAN RIGHTS
*"^^— PRACTICES FOR 1991
9 2 005
REPORT
SUBMITTED TO THE
COMMITTEE ON FOREIGN AFFAIRS
HOUSE OF REPRESENTATIVES
AND THE
COMMITTEE ON FOREIGN RELATIONS
U.S. SENATE
BY THE
DEPARTMENT OF STATE
IN ACCORDANCE WITH SECTIONS 116(d) AND 502B(b) OF THE
FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED
VtHliMtNF DQCy.
COLLECTION
9^
MAR 1 ^ 1<^^^
FEBRUARY 1992 . ^„™
Printed for the use of the Committee on For^^Tfl^frsHirfd Forei^
Relations of the House of Representatives and the Senate respectively
UMASS/AMHERST «
31EDtb01b7b'^lE3
102d Coneress
2d Session ' JOINT COMMITTEE PRINT
COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES FOR 1991
REPORT
SUBMITTED TO THE
COMMITTEE ON FOREIGN AFFAIRS
HOUSE OF REPRESENTATIVES
AND THE
COMMITTEE ON FOREIGN RELATIONS
U.S. SENATE
BY THE
DEPARTMENT OF STATE
IN ACCORDANCE WITH SECTIONS 116(d) AND 502B(b) OF THE
FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED
FEBRUARY 1992
Printed for the use of the Committee on Foreign Affairs and Foreign
Relations of the House of Representatives and the Senate respectively
U.S. GOVERNMENT PRINTING OFFICE
50-726 WASHINGTON : 1992
For sale by the U.S. Government Printing Office
Superintendent of Documents. Congressional Sales Office, Washington, DC 20402
ISBN 0-16-037393-X
COMMITTEE ON FOREIGN AFFAIRS
DANTE B. FASCELL, Florida, Chairman
LEE H. HAMILTON, Indiana
GUS YATRON, Pennsylvania
STEPHEN J. SOLARZ, New York
HOWARD WOLPE, Michigan
SAM GEJDENSON, Connecticut
MERVYN M. DYMALLY, California
TOM LANTOS, California
ROBERT G. TORRICELLI, New Jersey
HOWARD L. BERMAN, California
MEL LEVINE, California
EDWARD F. FEIGHAN, Ohio
TED WEISS, New York
GARY L. ACKERMAN, New York
JAIME B. FUSTER, Puerto Rico
WAYNE OWENS, Utah
HARRY JOHNSTON, Florida
ELIOT L. ENGEL, New York
ENI F.H. FALEOMAVAEGA, American
Samoa
GERRY E. STUDDS, Massachusetts
AUSTIN J. MURPHY, Pennsylvania
PETER H. KOSTMAYER. Pennsylvania
THOMAS M. FOGLIETTA, Pennsylvania
FRANK McCLOSKEY, Indiana
THOMAS C. SAWYER, Ohio
DONALD M. PAYNE, New Jersey
BILL ORTON, Utah
(Vacancy)
John J. Brady,
WILLIAM S. BROOMFIELD, Michigan
BENJAMIN A. OILMAN, New York
ROBERT J. LAGOMARSINO, California
WILLIAM F. GOODLING, Pennsylvania
JIM LEACH, Iowa
TOBY ROTH, Wisconsin
OLYMPIA J. SNOWE, Maine
HENRY J. HYDE, Illinois
DOUG BEREUTER, Nebraska
CHRISTOPHER H. SMITH, New Jersey
DAN BURTON, Indiana
JAN MEYERS, Kansas
JOHN MILLER, Washington
BEN BLAZ, Guam
ELTON GALLEGLY, California
AMO HOUGHTON, New York
PORTER J. GOSS, Florida
ILEANA ROS-LEHTINEN, Florida
Jr., Chief of Staff
COMMITTEE ON FOREIGN RELATIONS
CLAIBORNE PELL, Rhode Island, Chairman
JOSEPH R. BIDEN, Jr., Delaware
PAUL S. SARBANES, Maryland
ALAN CRANSTON, California
CHRISTOPHER J. DODD, Connecticut
JOHN F. KERRY, Massachusetts
PAUL SIMON, Illinois
TERRY SANFORD, North Carolina
DANIEL P. MOYNIHAN, New York
CHARLES S. ROBB, Virginia
HARRIS WOFFORD, Pennsylvania
Geryld B. Christianson, Staff Director
James P. Lucier, Minority Staff Director
JESSE HELMS, North Carolina
RICHARD G. LUGAR, Indiana
NANCY L. KASSEBAUM, Kansas
LARRY PRESSLER, South Dakota
FRANK H. MURKOWSKI, Alaska
MITCH McCONNELL, Kentucky
HANK BROWN, Colorado
JAMES M. JEFFORDS, Vermont
(II)
FOREWORD
The country reports on human rights practices contained herein
were prepared by the Department of State in accordance with sec-
tions 116(d) and 502B(b) of the Foreign Assistance Act of 1961, as
amended. They also fulfill the legislative requirements of section
31 of the Bretton Woods Agreements Act and section 505(c) of the
Trade Act of 1974, as amended.
The reports cover the human rights practices of all nations that
are members of the United Nations and a few that are not. They
are printed to assist Members of Congress in the consideration of
legislation, particularly foreign assistance legislation.
Dante B. Fascell,
Chairman, Committee on Foreign Affairs.
Claiborne Pell,
Chairman, Committee on Foreign Relations.
(in)
LETTER OF TRANSMITTAL
Department op State,
Washington, DC, January 30, 1992.
Hon. Thomas S. Foley,
Speaker, House of Representatives.
Hon. Claiborne Pell,
Chairman, Committee on Foreign Relations,
Dear Sirs: In accordance with sections 116(d)(1) and 502(b) of
the Foreign Assistance Act of 1961, as amended, and section 505(c)
of the Trade Act of 1974, as amended, I am transmitting the
Country Reports on Human Rights Practices for 1991.
Sincerely,
Janet G. Mullins,
Assistant Secretary, Legislative Affairs.
Enclosure.
(V)
INTRODUCTION
1991 HUMAN RIGHTS REPORT
This report is svibmitted to the Congress by the Department of
State in compliance with Sections 116(d)(1) and 502B(b) of the
Foreign Assistance Act of 1961, as amended.* The legislation
requires human rights reports on all countries that receive aid
from the United States and all countries that are members of
the United Nations. In the belief that the information would
be useful to the Congress and other readers, we have also
included reports on the few countries which do not fall into
either of these categories and which thus are not covered by
the Congressional requirement.
Congress amended the Foreign Assistance Act with the foregoing
sections of law so as to to be able to consult these reports
when considering assistance programs for specific foreign
countries. One of the very important consequences — perhaps
unintended — of these legislative provisions is that they have
made human rights concerns an integral part of the State
Department's daily reporting and daily decisionmaking. A human
rights officer in an Embassy overseas who wants to write a good
annual human rights report on the country in which he or she
works must carefully monitor and observe human rights
developments throughout the year on a daily basis. As a
consequence he or she will report on such developments whenever
something of human rights significance happens in the country
of assignment. In the past 13 years, the State Department has
become decidedly better informed on and sensitized to human
rights violations as they occur around the globe.
* Section 116(d)(1) of the Foreign Assistance Act provides as
follows :
X
"The Secretary of State shall transmit to the Speaker of the
House of Representatives ard the Committee on Foreign Relations
of the Senate, by January 31 of each year, a full and complete
report regarding. . .
"(1) the status of internationally recognized human
rights, within the meaning of subsection (a)...
(A) in countries that received assistance under this part,
and
(B) in all other foreign countries which are members of
the United Nations and which are not otherwise the subject of a
human rights report under this Act."
Section 502(B) (b) of the Foreign Assistance Act provides as
follows :
"The Secretary of State shall transmit to Congress, as part of
the presentation materials for security assistance programs
proposed for each fiscal year, a full and complete report,
prepared with the assistance of the Assistant Secretary of
State for Human Rights and Humanitarian Affairs, with respect
to practices regarding the observance of and respect for
internationally recognized human rights in each country
proposed as a recipient of security assistance."
(VII)
VIII
For most of the Twentieth Century the principal ideological
challenge to the cause of democracy and respect for human
rights has come from the doctrines laid down and the movement
created at the beginning of the century by Vladimir Lenin. The
horrors of World War II, devastating as they were to those
directly affected, were, as to their impact, limited in time
and place. It was Lenin and Communism which cast the longest
shadow by far, influencing developments across the entire globe
decade after decade.
Hand in hand with Communism's messianic promise came the
dreaded secret police apparatus, whose task it was to repress
all dissenting views and thus deprive all those under its rule
of basic human rights. In these volumes we have during the
last 4 years chronicled the significant changes effected in the
state and party created by Lenin, the loosening of totalitarian
rule under the leadership of Mikhail S. Gorbachev. We need now
to take note of the poignant events of 1991, which brought
Lenin's social experiment to an end in the very country which
gave it birth.
In this account of human rights developments we should take
special note of the event on August 22, 1991, when the statue
of Felix Dzherzhinsky was toppled from its pedestal in front of
the KGB headquarters in Moscow. "Iron Felix," Lenin's secret
police chief and the founder of a network of agents of brutal
repression which spanned the globe, and which as late as August
20 had tried to impose its will on the Soviet Union, had
finally been removed from his place of honor. It was a
symbolic act, but it duly marked the end of an era.
Yet, far from its place of birth, Leninism, though in decline,
still is the faith in whose name people are being repressed.
And there are other less traditional challenges to human rights
as well as potential new challenges.
Now that the Albanian people have put their country on the road
to democracy, the set of beliefs which originated on the
European continent and which Stalin dubbed Marxism-Leninism has
by and large disappeared from Europe. As a foreign import it
survives, however, in China, where it controls the lives of
one-fifth of humankind, and in four other countries: North
Korea, Cuba, Vietnam, and Laos. The faith which once inspired
the movement is long gone. Communism is today more a system
for the exercise of power by aging ruling elites, which are
increasingly out of touch with the thinking of their subjects
but still try to use the power which they possess to suppress
all independent thought.
Repressive government is, however, not limited to the countries
which still espouse Leninist principles. Dictatorships
offering unicjue ideologies of their own, or no ideology at all,
continue to exist. Burma, whose imprisoned popular leader,
Aung San Suu Kyi, received the Nobel Peace Prize, attracted
particular attention in 1991. So did, of course, the one-man
dictatorship of Iraq. These are merely two examples of a
category of countries in which, either in the name of a
religious or a secular ideology or without any ideological
commitment, all opposition to the State and all independent
institutions are repressed through a pervasive secret police or
domestic spy apparatus which instills fear in the citizenry.
Between the totally repressive dictatorships, on the one hand,
and the democracies, on the other, there is the vast array of
authoritarian regimes, regimes which do not seek to control all
forms of social interaction in their countries but which will
carefully guard their position and prerogatives against any
group that seeks to replace them. The number of regimes in
IX
this category is in decline, particularly in Africa, where
multiparty democracy and free elections have in a growing
number of countries replaced one-man rule and rigged elections.
Sub-Saharan Africa continued in 1991 as the region in which
democracy and respect for human rights are making new strides
forward. Zambia, where a long-established one-party regime was
overwhelmingly. defeated in a free and fair election, is a
particularly noteworthy case in point.
Although democracy provides the foundation on which a system of
government respectful of human rights can be built, the mere
fact that the executive and legislative leaders of a country
are chosen in free and fair elections does not necessarily
guarantee that the fundamental freedoms and human rights of all
citizens will be fully protected. This is particularly true in
the absence of an independent judiciary capable of safeguarding
the rights of citizens against actions by the executive or
legislative branches which are in conflict with internationally
recognized human rights standards.
The ascendancy of democracy throughout the world is
unquestionably good news for human rights. We must note,
however, that even democratically elected governments can be
guilty of serious human rights violations. New democracies, in
particular, may not as yet have the institutional safeguards in
place which protect against the arbitrary use of executive
power, particularly by security forces. The most common such
human rights violations are the use of undue pressure or even
torture to obtain confessions from persons suspected of having
committed serious crimes, particularly those accused of
terrorism. The more serious the terrorist threat, the greater
the number of incidents of police abuse. (Police abuse and
torture are, of course, also commonplace under authoritarian
and totalitarian rule.)
In the absence of an independent judiciary and solidly rooted
democratic popular instincts in the new democracies, the recent
advances are by no means secure. The danger of relapses into
authoritarian rule are greatest where the expectations for
early economic improvements have been disappointed. The
challenge to the world's established democracies is to help
those new to the fold to sustain themselves.
The sharp decline in the influence of the worldwide Communist
movement has not only spelled the end of Leninist dictatorships
in many countries but has also caused violent conflicts and
human rights abuses based on political ideology to decline
worldwide. At the same time, regrettably, we have witnessed an
upsurge on all continents of serious armed clashes and human
rights abuse stemming from ethnic and religious differences.
The creation of mechanisms to help resolve disputes based on
ethnicity and religion and efforts to combat intolerance are
undoubtedly in the forefront of the challenges now facing the
international community.
To sum up, the year 1991 was one of great progress for the
cause of democracy and human rights worldwide. But the
problems faced by the world in consolidating such progress and
dealing with old and new threats to fundamental freedoms must
not be underestimated.
Richard Schifter
Assistant Secretary of State for
Human Rights and Humanitarian Affairs
CONTENTS
Page
Foreword HI
Letter of Transmittal V
Introduction VII
Africa:
Angola , 1
Benin 10
Botswana 17
Burkina Faso 25
Burundi 32
Cameroon 42
Cape Verde 55
Central African Republic 61
Chad '^1
Comoros 80
Congo 86
Cote d'lvoire 93
Djibouti 102
Equatorial Guinea 110
Ethiopia 118
Gabon •• 133
Gambia, The 141
Ghana 149
Guinea 159
Guinea-Bissau 168
Kenya 174
Lesotho 190
Liberia 199
Madagascar 210
Malawi 220
Mali 230
Mauritania 239
Mauritius 250
Mozambique 257
Namibia 268
Niger 278
Nigeria 286
Rwanda 302
Sao Tome and Principe 312
Senegal 317
Seychelles 327
Sierra Leone 336
Somalia 344
South Africa 352
Sudan 376
Swaziland 392
Tanzania 402
Togo 414
Uganda 425
Zaire 437
Zambia 449
Zimbabwe 460
Central and South America:
Antigua and Barbuda 473
Argentina 478
(XI)
xn
Page
Central and South America — Continued
Bahamas, The 487
Barbados 495
Belize 500
Bolivia 506
Brazil 513
Chile 524
Colombia 534
Costa Rica 546
Cuba 553
Dominica 567
Dominican Republic 572
Ecuador 582
El Salvador 592
Grenada 607
Guatemala 613
Guyana 625
Haiti 633
Honduras 643
Jamaica 656
Mexico 664
Nicaragua 678
Panama 690
Paraguay 699
Peru 708
St. Kitts and Nevis 723
St. Lucia 727
St. Vincent and the Grenadines 732
Suriname 737
Trinidad and Tobago 746
Uruguay 755
Venezuela 762
East Asia and the Pacific:
Australia 772
Brunei 780
Burma 786
Cambodia 798
China 809
China (Taiwan only) 834
Fiji 848
Indonesia 859
Japan 876
Kiribati 883
Korea, Democratic People's Republic of 887
Korea, Republic of 895
Laos 907
Malaysia 915
Marshall Islands 929
Micronesia, Federated States of 933
Mongolia 937
Nauru 943
New Zealand 947
Papua New Guinea 952
Philippines 961
Singapore 977
Solomon Islands 991
Thailand 996
Tonga 1013
Tuvalu 1017
Vanuatu 1021
Vietnam 1026
Western Samoa 1037
Europe and North America:
Albania 1042
Austria 1052
Belgium 1058
Bulgaria 1064
Canada 1073
XIII
Page
Europe and North America — Continued
Cyprus 1078
Czech and Slovak Federal Republic 1085
Denmark 1094
Estonia 1099
Finland 1104
France 1109
Germany : 1115
Greece 1122
Hungary 1132
Iceland ; 1139
Ireland 1143
Italy 1149
Latvia 1157
Liechtenstein 1163
Lithuania 1167
Luxembourg 1174
Malta 1178
Netherlands, The 1183
Norway 1189
Poland 1195
Portugal (includes Macau) 1207
Romania 1218
Spain 1229
Sweden 1236
Switzerland 1242
Turkey 1247
Union of Soviet Socialist Republics 1267
United Kingdom (includes Hong Kong) 1292
Yugoslavia 1309
Near East, North Africa, and South Asia:
Afghanistan 1326
Algeria 1334
Bahrain 1344
Bangladesh 1353
Bhutan 1367
Egypt 1374
India ■. 1388
Iran 1407
Iraq 1419
Israel and the occupied territories 1430
Jordan 1456
Kuwait 1466
Lebanon 1485
Libya 1495
Maldives 1502
Morocco 1509
The Western Sahara 1523
Nepal 1526
Oman 1539
Pakistan 1548
Qatar 1569
Saudi Arabia 1576
Sri Lanka 1589
Syria 1604
Tunisia 1615
United Arab Emirates 1627
Yemen, Republic of 1635
Appendixes:
A. Notes on preparation of the reports 1646
B. Reporting on worker rights 1650
C. Selected international human rights agreements 1652
D. Explanation of statistical tables 1657
E. U.S. bilateral assistance, fiscal years 1990 and 1991 1658
ANGOLA*
During the first part of 1991, the Government of the People's
Republic of Ai^gola (GPRA) remained under the control of the
sole legal political party, the Popular Movement for the
Liberation of Angola-Workers Party (MPLA-PT) . President Jose
Eduardo dos Santos continued to act as both Head of State and
chief of the MPLA-PT. All major policy decisions were taken by
a small group within the party, which also controlled all means
of mass communication.
The 16-year armed conflict between the GPRA and the armed
opposition, the National Union for the Total Independence of
Angola (UNITA) , also continued in early 1991. UNITA remained
in control of the southeastern quarter of Angola and portions
of the north, and increased its activity in central Angola.
Heavy fighting erupted around the eastern provincial capital of
Luena in early April and continued until the cease-fire on May
15, resulting in heavy civilian casualties and the flight of
large numbers of additional refugees to Zambia. According to
the United Nations, the last of the Cuban troops who remained
in Angola in support of FAPLA departed on May 27, more than a
month before the deadline specified in the New York Accords of
December 22, 1988.
In 1991, two related major events significantly altered the
political and military situation in Angola. While the
administration of the GPRA remained under the control of the
MPLA, constitutional reforms were enacted in May in the wake of
the peace negotiations with UNITA, paving the way for future
multiparty, democratic government. The revised 1991
Constitution contains provisions for the formation of
independent political parties and guarantees of freedom of the
press, the right of free assembly, and the right of workers to
strike. Subsequent laws provided the legal framework for these
new provisions.
On May 31, the GPRA and UNITA signed the Angola Peace Accords,
which provide for a comprehensive U.N. -monitored cease-fire,
the release of prisoners (POW's), the formation of a new
nonpartisan national armed force, and the holding of
internationally monitored multiparty elections between
September 1 and November 30, 1992. Under the terms of the
Accords, until elections the GPRA will retain control of the
central administration which is being extended to areas
currently under the control of UNITA. Implementation of the
Peace Accords is under the authority of the Joint Political
Military Commission (JPMC) and its subcommissions .
Angola is potentially one of the richest countries in
sub-Saharan Africa, with extensive petroleum reserves, rich
agricultural land, and valuable mineral resources. The civil
war, combined with the GPRA's command-style economy, has
devastated the country's infrastructure, led to a return to
barter in many areas, and forced the GPRA to divert much of its
revenues, mainly from oil exports, to the military and to
state-owned enterprises. Expressing a willingness to reform
the economy, the GPRA in 1991 instituted a series of reforms
*The United States does not recognize or maintain diplomatic
relations with the People's Republic of Angola; while it
maintains a liaison office in Luanda accredited to the Joint
Political Military Commission overseeing implementation of the
May 31, 1991, Peace Accords, access to information on the human
rights situation in Angola continues to be limited.
(1)
ANGOLA
for that purpose, including three devaluations of the currency,
decontrol of prices on most commodities, and an end to the
special and complementary supply system. However, serious
action has yet to be taken on other economic issues, including
reduction of the size of the public sector and the the shift of
public expenditure from military to civilian needs.
The civil war has also taken a devastating toll on the civilian
population. Estimates of victims since the war began in 1976
range from 250,000 to 500,000 killed, more than 20,000 children
orphaned, 30,000 to 50,000 amputees caused by land mines, and
430,000 refugees. Throughout the war, widespread human rights
abuses were reported by both sides, ranging from extensive
violence against civilians and mistreatment of prisoners to
arbitrary detentions, absence of fair trials, kidnaping and
forced military service, forced relocation, and restrictions on
freedom of speech, press, and association. At the beginning of
1991, a 3-month suspension by the GPRA of a U. N. -sponsored
famine' rel ief program further endangered the estimated 1.9
million civilians affected by conflict and drought.
At the end of 1991, human rights continued to be
circumscribed. UNITA alleged that civilian security forces
continued to intimidate its supporters and that the GPRA was
using its control of the administration to influence the
elections unduly. The GPRA, in turn, accused UNITA of
targeting MPLA activists for assassination. Emerging parties
charged that they were being prevented from establishing
themselves by discriminatory registration procedures and
intimidation by security forces as well as by UNITA in the
interior .
Nevertheless, the Peace Accords produced significant
improvements in the human rights situation. By year's end,
there had been no serious violations of the cease-fire.
According to the International Committee of the Red Cross
(ICRC), all POW s but two had been released by the GPRA, and
interviews with and releases of POW s held by UNITA were
continuing. UNITA and the GPRA were cooperating in
mine-clearing operations throughout the country. Under the
auspices of the JPMC, UNITA and the GPRA had agreed on a
calendar for elections and on programs for integration of the
police and extension of the GPRA central administration.
Training for the new national army had begun, and an electoral
law had been drafted. While the MPLA retained control of
government structures and the media, 26 new political parties
had announced their intention to become established, and
anti-GPRA propaganda and rallies had occurred without
interference .
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
Both GPRA and UNITA forces have in the past carried out
extrajudicial killings, including summary executions of
prisoners. Two incidents, one in which UNITA s secretary
general for Malange province was ambushed and killed in
September and another in which a UNITA sentry killed a FAPLA
reserve officer in November, were under review by the JPMC at
year ' s end .
ANGOLA
According to GPRA sources, a former UNITA officer hanged
himself in Luanda's Catete Road Prison in February; however,
other sources suggested that torture was the cause of death.
Press accounts in 1991 repeated earlier allegations that UNITA
has detained or executed internal opponents of Dr. Jonas
Savimbi, UNITA' s president (see Section l.d.).
b. Disappearance
While both GPRA and UNITA forces engaged in kidnapings or
clandestine detentions in the past, there is no conclusive
evidence that either engaged in these practices following the
cease-fire in May 1991. In 1991 Luis dos Passos, currently
Secretary General of the Democratic Renewal Party (PRD), and
another PRD official returned to Luanda. They had been in
hiding outside Luanda since the failed 1977 coup against the
GPRA in which they were alleged to have participated.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were persistent allegations that the GPRA's State
Security Service apparatus continued to use torture against
suspected opponents. Beatings of prisoners and detainees by
police and prison officials is reportedly common. However, the
use of torture and other mistreatment of prisoners has
reportedly declined since the Peace Accords. Released FAPLA
prisoners have also alleged that beatings, torture, and
execution were conducted by UNITA.
The GPRA Ministry of State Security (MINSK) was formally
abolished by Presidential decree in December 1990, and many of
its functions assumed by the Ministry of Interior.
d. Arbitrary Arrest, Detention, or Exile
In 1991 the laws on arrest and detention appeared to be in
transition. In early 1991, laws remained in force under which
persons suspected of committing serious acts against "state
security" could be held for an initial period of 3 months,
renewable for a further period of 3 months. Such detainees did
not need to be presented to a judge within 48 hours of their
arrest, as stipulated in the Code of Criminal Procedures for
persons suspected of other crimes. They apparently had no
right to challenge the grounds of their detention. After 6
months, the State Security Service had to inform the detainee
and the public prosecutor of the charges or release the
suspect. Once the case was presented to the public prosecutor,
there did not appear to be a specific time limit within which a
suspect must be brought to trial.
On October 9, the National Assembly approved laws on detention,
investigation, search, and arrests. However, at the end of the
year there was no reliable information available on the effect
of these actions and legal provisions, especially on the
practices of detention without charge and other arrest
procedures .
The number of political detainees and criminal and military
prisoners held by both sides at the end of 1990 was estimated
in the thousands. On February 5, the GPRA released 3,983
reportedly UNITA prisoners serving sentences at Bentiaba
rehabilitation center.
ANGOLA
Under the terms of the Peace Accords, all civilian and military
prisoners detained as a consequence of the conflict between the
GPRA and UNITA were to be released under supervision by the
ICRC. In late July, the first prisoners on each side were
released. As of December 24, the ICRC had verified that more
than 900 POW s had been released. Two POW s are known to be
still held for crimes allegedly committed in prison, including
murder. As of the same date, the ICRC had registered
approxin.ately 2,850 FAPLA and GPRA civilian personnel detained
by UNITA. Of this number, almost all have been released;
approximately 120 are still awaiting ICRC interview.
As in previous years, reports citing UNITA s detention of
internal opponents of UNITA president Savimbi appeared in the
press in 1991. The emergent Angolan Democratic Forum (FDA)
party publicly alleged that UNITA "violated and constantly
violates human rights," citing detention of UNITA members Tito
Chingungi and Wilson dos Santos, among others. While Chingungi
was seen alive in the Jamba area in early 1991, his status and
that of others allegedly detained by UNITA could not be
independently verified at year's end.
e. Denial of Fair Public Trial
Although the GPRA Constitution provides for an independent
judiciary, the judiciary has in the past followed MPLA-PT party
guidelines. The law provides for a public trial and the right
of the accused to legal counsel; the revised Constitution
provides for the right of habeas corpus. There is, however,
insufficient information to determine if, or to what extent,
these rights are observed in practice in regular criminal and
civil cases.
The deterioration of the security situation prior to the
cease-fire exacerbated the general decline in judicial
safeguards and due process. Judicial lines of authority are
unclear, especially since the GPRA's regional military councils
have in the past been given broad responsibility for the trial
of offenses against "state security," including "economic
crimes." It is not known which trials are open to the public
and under what rules of procedure the various military and
civilian courts operate, nor to what extent the jurisdiction of
the military councils may in fact have been reducea, as
planned, following the cease-fire. A Supreme People's Court,
described by GPRA President dos Santos as a first practical
step to an independent judiciary, was established in April
1990; little information is available on its specific
functions, but it reportedly handles civil cases only.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Although the Constitution provides for the inviolability of the
home and privacy of correspondence, the GPRA has in the past
conducted arbitrary searches of homes, inspected private
correspondence, and monitored private communications. No
recent information is available on these practices. UNITA has
done the same in areas it controlled; UNITA has also forcibly
occupied buildings in some provincial capitals. In a serious
incident in December, UNITA supporters forcibly occupied a
hotel and several other buildings in Lobito; 4 people were
killed and more than 20 wounded when GPRA police moved in to
dislodge them. This incident was successfully resolved by
UNITA and the GPRA within the JPMC.
ANGOLA
g. Use of Excessive Force and Violations of Humanitarian
Law in Internal Conflicts
During the initial months of 1991, fighting continued in many
parts of Angola. Intense fighting around the provincial
capital of Luena during the final few weeks of the civil
conflict caused civilian casualties in the hundreds. On May
15, a de facto cease-fire went into effect, followed by a de
jure cease-fire on May 31. There have been no serious
violations to date by the military of either side.
In 1990 it was estimated that between 1 and 1.5 million
civilians had been internally displaced by the war, many
hundreds of thousands located in drought-affected areas.
Credible reports indicate that the GPRA forcibly displaced
thousands of civilians, in part to deny UNITA a social base,
and that UNITA captured thousands of civilians and forced them
to work on UNITA farms. Following an attack on Ambriz in Zaire
province in early 1991, UNITA reportedly abducted over 100
local children to deter a FAPLA counterattack. Both sides
practiced forced conscription of civilians into their
respective armies throughout the war. Conscription has been
discontinued by both sides.
In September 1990, the GPRA and UNITA agreed to a U.N. relief
program to provide assistance to affected civilians on both
sides of the conflict. Amidst mutual recriminations, in
December 1990 the GPRA cut off the relief program and permitted
it to resume only in March 1991. The program has been extended
until the end of 1992.
The GPRA and UNITA placed thousands of land mines in footpaths
to agricultural fields during the civil war as part of a
strategy to deny food to civilians in contested areas. Good
cooperation between both sides on land mine removal has been
reported since the cease-fire; however, rural roads and fields
remain hazardous.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Under the previous constitution, the right of free expression
was protected by law, but censorship, intimidation, and GPRA
control of the media severely limited this right. The revised
Constitution also provides for freedom of expression. In
practice, banners, posters, and public rhetoric highly critical
of the GPRA have proliferated, with no evidence of government
interference in the capital; however, UNITA and some of the
emerging parties have complained of government interference in
other provinces, citing as an example GPRA refusal to register
students who openly support UNITA. Some emergent parties also
allege harassment of their activists in areas controlled by
UNITA.
The revised Constitution also guarantees freedom of the press,
and law 22/91 provides the legal framework by which periodicals
and publishing companies, as well as foreign journalists and
publications, are to be registered with the Ministry of
Information. The establishment of news agencies is still
reserved to the State. However, there are to date no
independent publications.
The government-owned news media remain heavily influenced by
the GPRA, and almost always paint UNITA in a negative light.
ANGOLA
Nevertheless, UNITA officials are often quoted
straightforwardly in the government media, and increasing air
time and print space are devoted to UNITA. The media also
report regularly on third party activity. Hostile rhetoric and
propaganda still abound on VORGAN (UNITA-controlled radio,
heard in Luanda) and the FAPLA Armed Forces Radio Program
"Angola Combatente," despite promises by both sides to refrain
from such practices.
The access of political parties to the electronic media for
campaign purposes remains a contentious issue; the JPMC
specified in its agreement on the electoral calendar that
modifications to air time laws may be made to ensure
"transparency and impartiality of the information media."
b. Freedom of Peaceful Assembly and Association
The revised Constitution guarantees the right of peaceful
assembly and association. Law 16/91 provides for the right to
assemble in public and in private, a 3-day notification to
authorities, and penalties for those who interfere in lawful
demonstrations. The law bars military, paramilitary, or
militia from participating in demonstrations. However, the law
also makes participants liable for 'offenses against the honor
and consideration due to persons and to the organs of
sovereignty." It is not known how this particular provision is
being interpreted and applied.
In practice, the law appears to have been generally respected,
and most requests for rallies are routinely granted in the
capital. Denials appear to be based on questions of public
safety or timeliness of the requests. Police broke up a rally
in front of the Luanda port because demonstrators gave only 1
day's notice. Several pro-UNITA demonstrations and others in
support of emerging parties have been held in Luanda. However,
UNITA has accused the GPRA of interfering with its planned
rallies in areas outside the capital, such as Cunene and
Lobito. Some emerging parties charged that they have not been
permitted to organize and to hold rallies in UNITA-controlled
areas .
c. Freedom of Religion
Although the Constitution provides for the inviolability of
freedom of conscience and belief and for separation of church
and state, the authorities have in the past been critical of
religious activities. Approximately 85 percent of the Angolan
population is either Roman Catholic or Protestant, while most
of the remainder practice a variety of animist beliefs. The
GPRA has eased its antireligious stance but has yet to restore
all church properties previously confiscated. Church services
are held regularly and widely attended. Foreign and Angolan
religious workers are allowed to carry out normal activities.
UNITA respects freedom of religion in the areas it controls and
provides limited administrative support to both Catholic and
Protestant churches.
The GPRA has in the past banned smaller religious sects that it
deemed subversive, such as the Jehovah's Witnesses and the
Tocoist Church, founded in Angola in 1949. The Tocoists have a
syncretic blend of Christian beliefs and indigenous religious
practices. However, recent information indicates that the ban
on the two sects has been lifted.
ANGOLA
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Until May 1991, travel throughout Angola was tightly restricted
by war and by regulations . Under the terms of the Peace
Accords, free circulation of movement and goods is guaranteed.
However, the GPRA and some international agencies have charged
that UNITA has prevented them from entering UNITA-controlled
areas, or that UNITA requires "visas" for travel into those
areas and otherwise obstructs the movement of people.
Angola currently hosts approximately 10,300 Zairian refugees,
2,000 of which have registered for repatriation to Zaire.
According to the United Nations High Commissioner for Refugees
(UNHCR), most of the more than 1,000 South African refugees
have returned home on their own; the remainder may choose to
stay in Angola. There are approximately 430,000 Angolan
refugees resident in neighboring countries, m.ost of whom have
been in refugee status for many years. In April 1991,
following fierce fighting in the Luena area just prior to the
cease-fire, over 5,000 additional refugees fled to Zambia. In
May, at the urging of the GPRA, about 600 GPRA soldiers were
repatriated without UNHCR screening.
Due to generally poor living conditions and danger posed by
land mines in their home areas, most of the 430,000 Angolan
refugees resident in neighboring countries have not yet begun
returning home in large numbers. At year's end, however,
several thousand Angolans and Zairians had fled Zaire into
northern Angola in the wake of Zairian unrest. The UNHCR is
planning to assist in the repatriaton of approximately 300,000
refugees which UNHCR estimates will elect to return home in the
spring of 1992 following the rainy season.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
In 1991 citizens still did not have this right, and until May
all political activity was still limited to participation in
the MPLA-PT or in one of its controlled and sanctioned
organizations. Groundwork to enable Angolans to change their
government peacefully was laid in 1991 by the revised
Constitution, subsequent political laws on political parties,
and the Peace Accords. At year's end, multiparty elections by
secret ballot for President and a representative National
Assembly were tentatively scheduled to take place in September
1992. The new laws provide for independent poltical parties
but prohibit regional or tribal parties. At year's end, 26
parties had announced their intention to become established,
though some complained they will have difficulty meeting the
legislated requirements for registration. By December the
Democratic Renewal Party (PRD) was awaiting certification of
registration by the People's Supreme Court, the Angolan
Democratic Party (PDA) had been denied registration, and the
Allied Party of Angolan Youth, Workers, and Peasants Party
(PAJOCA) had submitted its application for registraton.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Neither the GPRA nor UNITA permitted independent local human
rights groups to operate in its respective territory. In the
past, neither the GPRA nor UNITA would allow international
nongovernmental human rights researchers into the country.
ANGOLA
although the GPRA permitted Africa Watch (AW) personnel to
travel in requested GPRA areas in late 1990 without an escort.
AW also requested permission to visit UNITA-control led areas;
UNITA agreed in principle, but travel permits were not arranged
during the requested timeframe. The GPRA did not cooperate
with Amnesty International's request for information regarding
numbers and identities of released prisoners and in the case of
one death in custody.
In 1991 the GPRA Defense and Security Council approved a
protocol to allow the ICRC to visit state security prisoners,
and visits took place.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution declares that all citizens are "equal before
the law and enjoy the same rights and are subject to the same
duties, without distinction as to color, race, ethnic origin,
sex, place of birth, religion, level of education or social or
economic status." Because of the unstable situation which
prevailed in most of Angola during much of the year, there is
little information available on the existence or extent of
discrimination on the basis of race, sex, religion, language or
social status. The number of .assault cases brought by women
before Angolan courts is reportedly increasing; however, there
is little information available on the extent of violence
against women in Angola.
Section 6 Worker Rights
a. The Right of Association
Until 1991 the sole legally recognized trade union organization
in GPRA-administered Angola was the National Union of Angolan
Workers (UNTA) , which was formed in the late 1950 's as an
appendage of the MPLA and became the ruling party's official
labor wing after Angolan independence in 1975. The monopoly
position of the UNTA was ensured by the statutory basis of the
single-union structure. Strikes were illegal and participation
in strikes punishable by compulsory labor.
The revised Constitution contains a provision recognizing the
right of Angolans to form trade unions and to participate in
trade union activities. New laws on unions and collective
bargaining have been prepared but have not yet been published.
By years 's end, there had been no formation of independent
labor unions as such. However, free labor activity increased
as individual factories and offices formed their own workers'
committees.
The revised Constitution also recognizes the right to strike.
Law No 23/91 of June 15, 1991 provides the detailed legal
framework for the right to strike, including a prohibition on
lockouts, a prohibition on worker occupation of employment
premises, and protection of nonstriking workers. Strikes by
certain workers, including military, police, prison workers and
firefighters are prohibited, and strike limitations are imposed
on workers in specific sectors affecting infrastructure and
national defense.
In fact, numerous strikes occurred before and after the
promulgation of the new laws. While there were reports of
scattered incidents of violence between strikers and police or
ANGOLA
strikers and nonstr iking workers, there was no GPRA
interference with strikers in the capital, even in some cases
in which strikers did not rigorously follow the law.
b. The Right to Organize and Bargain Collectively
In 1991 the revised Constitution gave Angolan workers the right
to bargain collectively. As noted above, new laws on unions
and collective bargaining have been prepared (but not yet
published) which, inter alia, prohibit discrimination against
union members. The GPRA, through its Ministry of Labor and
Social Security, controls the process of setting wages and
benefits. Several significant salary increases were granted in
1991 as a result of negotiations following work stoppages.
There is no export processing zone.
c. Prohibition of Forced or Compulsory Labor
Previous GPRA legislation authorized compulsory labor for
breaches of labor discipline and participation in strikes. On
the basis of this legislation, the International Labor
Organization (ILO) in 1984 and 1990 cited the GPRA for
violations of ILO Convention 105, which the GPRA ratified in
1976. The new labor legislation prohibits forced labor.
d. Minimum Age for Employment of Children
In 1976 the GPRA ratified ILO Convention 6 governing night work
of young persons and Convention 7 regarding the minimum age for
employment at sea. The minimum age for employment of children
is 16.
e. Acceptable Conditions of Work
In 1991 the GPRA established a new minimum monthly wage. This
minimum wage by itself is not sufficient to support a family,
and many depend on informal sector trade to ensure a minimal
standard of living. According to a decree issued in 1982, the
normal workweek is limited to 44 hours. The workweek is
limited to 34 hours and 6 days a week for persons aged 14 to
16, and to 38 hours and 7 days a week for persons aged 16 to
18. This decree applies to all state institutions, to state,
semipublic, private, and cooperative undertakings, and to mass
and social organizations. No information is available on the
existence or adequacy of national occupational health and
safety standards nor on actual practice with respect to any
labor standards.
10
BENIN
In 1991 the Republic of Benin peacefully achieved the agenda
established at the 1990 National Reform Conference to transform
the country from a single-party, military-dominated regime to a
multiparty democracy. Thirteen presidential candidates
competed in the first round of presidential elections in
March. In the presidential run-off. Prime Minister Nicephore
Soglo, who had headed the transitional government, defeated
decisively President Mathieu Kerekou, Benin's ruler during its
17 years of Marxist-Leninist rule. Official observers from
several countries found the elections free and fair. Of the 24
political parties founded after the 1990 National Reform
Conference, 16 ran candidates in the February legislative
elections. No single party won a majority of the 64 seats, and
21 parties, either alone or in alliance, are represented in the
new National Assembly. Since its convening in July, the
National Assembly has asserted its constitutional role as a
check on the executive branch.
Benin's armed forces of approximately 8,000 personnel are under
the direction of a civilian Minister of Defense, while the
1,500-man police force is under the Minister of the Interior.
The once-dominant Beninese military continued to maintain a low
profile in 1991, but their commitment to democratic changes is
a general source of concern. The new Constitution provides for
members of the Beninese military, as well as civilian
officials, to disobey the orders of superiors if obedience
would result in a serious violation of human rights. The new
Government's goal is to keep the armed forces professional and
depoliticized, and Calpinet members are now all civilians.
Benin's underdeveloped economy is largely based on subsistence
agriculture, cotton production, regional trade, and small-scale
offshore oil production. In accordance with World Bank and
International Monetary Fund agreements, Benin has undertaken an
austerity program for the purpose, inter alia, of privatizing
many state-owned enterprises, reducing fiscal expenditures, and
deregulating trade. Benin achieved an unexpected 3-percent
growth rate in 1991. Nevertheless, it must still deal with a
bloated and inefficient bureaucracy, high debt-servicing
charges, and widespread unemployment, if development
expectations are to be met.
The human rights situation in Benin continued to improve
throughout 1991. The transitional government and the newly
elected Government respected the fundamental human rights
provided for in the Constitution of December 1990. The new
Constitution includes important safeguards prohibiting
arbitrary detention and making torture a criminal offense; no
political detainees or prisoners were held during the year.
Several well-known officials from the previous regime were
arrested on charges of corruption. The head of the
now-disbanded Presidential Guard was also arrested on charges
brought against him by a Guinean who was held without trial
from 1982 to 1989. At year's end, none of those arrested had
been tried.
11
BENIN
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings. However, there were isolated instances of violence
and at least one death in the northern region in connection
with the elections during a confrontation between supporters of
different candidates. In late 1991, the trial of those
arrested and charged with this violence was in process .
b. Disappearance
There were no reports of disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The 1990 Constitution forbids torture and cruel, inhuman, or
degrading treatment. With public attention focused on past
incidents and on bringing to justice those who committed acts
of torture under the old regime, there were no reports of
torture in 1991. Citing the need for legally admissible
evidence, the Government has moved slowly in investigating
persons, primarily members of the military, widely believed to
have committed acts of torture. Moreover, for reasons that
appear to arise from individual considerations rather than from
fear of military reprisal, those tortured by the previous
regime, mainly from the Communist Party of Dahomey, have not
instituted legal cases. This makes it difficult to bring to
justice those accused of torture.
Prison conditions in Benin remained harsh and characterized by
extensive overcrowding and lack of sanitation and medical
facilities. The prison diet is grossly inadequate, and
malnutrition and disease are common among prisoners.
d. Arbitrary Arrest, Detention, or Exile
With the release of remaining political prisoners in 1990,
arbitrary arrest and detention ceased to be practiced by the
central Government. Procedural safeguards against arbitrary
arrest include a constitutional provision forbidding detention
of more than 48 hours without a hearing before a magistrate,
whose order is required for continued detention. There were no
reports that this provision was violated, nor were there
reports of incommunicado detention.
The 1990 Constitution contains a provision prohibiting the
Government from exiling any Beninese citizen, and exiles have
returned to Benin in large numbers since the change in
government and a presidential amnesty decree of 1990.
e. Denial of Fair Public Trial
Benin's legal system is based on French civil law and on local
customary law. A civilian court system operates on the
national and provincial levels. Military disciplinary councils
deal with minor offenses by military members but have no
jurisdiction over civilians. The judges in the civil courts
are career magistrates, appointed by the President. Judges are
administratively under the Ministry of Justice. However, under
12
BENIN
the Constitution, officials are answerable only to the law in
the carrying out of their duties and may not be removed.
Serious crimes are first presented to a magistrate who conducts
an investigation and decides whether there is sufficient
evidence to warrant a trial. Defendants have the right to be
present at their trial and to be represented by an attorney, at
public expense, if necessary.
Under the new Constitution, the highest courts are the
Constitutional Court and the Supreme Court, the court of last
resort in all administrative and judicial matters. The role of
the Constitutional Court, which has yet to be actually formed,
is to pass on the constitutionality of Beninese laws, and thus
to act as the main judicial counterweight to the legislative
and executive branches of government. Until the Constitutional
Court is seated, its functions are assumed by the High Council
of the Republic, a transitional body created under the National
Reform Conference. The Constitutional Court has a mandate to
determine the constitutionality of laws which may violate
fundamental human rights. The Constitution also provides for a
High Court of Justice — which remained unformed in 1991 — to
preside over cases of crimes committed against the nation by
the President or members of the Government. A number of
judicial codes, including the penal code, were under
consideration before the Law Committee of the National Assembly
at year's end. Interim legislation abrogated certain
unacceptable provisions, including those permitting "People's
judges . "
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for the inviolability of private
property and of the home. Police are required to obtain a
judicial warrant before entering a private home. No violations
of this requirement were reported in 1991. There were also no
reports of governmental interference with private
correspondence in 1991.
Section 2 Respect for Civil Liberties, Including
a. Freedom of Speech and Press
The Constitution provides for freedom of expression and of the
press and other media. These rights were respected in 1991.
Beninese freely discussed politics in public and private forums.
The Government continued to own and operate the most
influential media, the local radio and television stations and
one daily newspaper, but in contrast to the past, official
journalists extended their coverage of sensitive matters and
criticized the Government. When government officials
criticized the official media's coverage of politics in a
neighboring country, the journalists' union protested
vigorously, a fact in turn duly reported in the official
press. Some 20 independent private newspapers, representing a
variety of viewpoints, circulated in Benin in 1991. The press
and television aired widely diverging views on the
constitutional referendum and reported on all political
parties, including the Communist Party of Dahomey, which had
been banned under the previous regime.
There was no censorship of foreign books or artistic works.
Foreign periodicals were widely available on newsstands, and
13
BENIN
much of the population listens to foreign broadcasts on
shortwave radio.
In general, academic freedom is enjoyed in schools and in the
sole university. University professors are permitted to
lecture freely in their subject areas, conduct research, draw
independent conclusions, and form unions.
b. Freedom of Peaceful Assembly and Association
The Constitution recognizes the rights of peaceful assembly and
association. These rights were respected in 1991. Multiple
political parties exist, as do numerous religious and cultural
organizations. Only political parties wishing to participate
in elections need register with the Government. In April
police dispersed and briefly detained some protesters who were
demonstrating against the decision of the then President
Mathieu Kerekou to run for reelection. The demonstrators had
declined to seek a permit before undertaking to parade in
central Cotonou. Once the detainees were brought before a
magistrate, charges were dropped.
c. Freedom of Religion
Christianity, Islam, and traditional religions coexist in
Benin, and adherence to a particular faith does not confer any
special status or benefit. Religious ceremonies and shrines of
all faiths are protected by law. There are no restrictions on
religious ceremonies, teachings, foreign clergy, or conversion
to any religion.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Domestic movement is unrestricted. The Government earlier
dismantled police and gendarmerie roadblocks within the country
to facilitate free movement, although a number of checkpoints
remained. Police checkpoints had reappeared by the end of the
year, however. Passports and exit permits needed for travel
outside of West African countries are not difficult to obtain.
Emigration is common. Beninese live and work in neighboring
countries without jeopardizing their citizenship.
Benin welcomes refugees and helps to integrate them into
Beninese society if they choose not to return to their country
of origin. Refugees who marry Beninese are entitled to
citizenship. Benin's longstanding refugee population from Chad
declined from 600 in 1990 to a few dozen in 1991, reflecting
continued voluntary repatriation. At the end of 1991, a
political crisis in Togo temporarily brought Togolese refugees
to Benin, an estimated 15,000 at its peak. The United Nations
Development Program has handled refugee matters in Benin since
the office of the United Nations High Commissioner for Refugees
closed in 1990. >
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government.
During 17 years of authoritarian, single-party rule, the
Beninese were unable to change their government. The 1990
National Reform Conference and the subsequent transitional
government laid the groundwork for the creation of a multiparty
democracy in which citizens in 1991 peacefully changed their
government in accordance with the new Constitution of December
1990. Legislative and presidential elections were held in
February and March respectively. In the presidential
14
BENIN
elections, 13 candidates participated; none achieved an
absolute majority. President Kerekou, who had brought
authoritarian rule to Benin, and then Prime Minister Soglo, who
had been appointed by the National Reform Conference, contested
a run-off election. Nicephore Soglo won by a two-to-one margin
in elections by secret ballot that foreign observers from the
United States, Canada, Cote D'lvoire, France, Germany, and
Nigeria found to be free and fair. However reluctantly,
outgoing President Mathieu Kerekou handed over the reins of
government to President Soglo. The Constitution provides for a
5-year term for the President, who is limited to two terms of
office, and for a 4-year term of office for National Assembly
members, who may serve an unlimited number of terms.
In the Assembly, 21 parties are represented, with President
Soglo 's alliance holding the most seats — only 12 out of the
total of 64.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Several Beninese nongovernmental organizations monitor human
rights, including the Human Rights Commission, the Study and
Research Group on Democracy and Economic and Social
Development, the Association of Christians Against Torture, and
the League for the Defense of Human Rights in Benin. In
contrast to the attitude of the former authoritarian
government, which considered outside investigations into human
rights unwarranted interference in Benin's internal affairs,
both the transition government and the newly elected Government
have welcomed international and nongovernmental scrutiny of
human rights in Benin.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status.
Such discrimination is prohibited in the Constitution and by
law, and there is no evidence of officially sanctioned
discrimination.
Benin has a long tradition of regional rivalry. This led to
violence during the elections when northerners, who supported
ex-President Kerekou 's candidacy, and southerners clashed.
These clashes were most severe in several northern cities and
led to at least one death. Approximately 6,000 southerners
fled the north temporarily as a result. Subsequent to
President Soglo 's election, southerners have reasserted their
traditional claim to power and relatively few northerners have
been appointed to senior governmental positions. Nor were any
northerners elected to leadership positions in the National
Assembly. The southern third of the country, which was favored
in the colonial period, has about two-thirds of Benin's
population and is itself divided among various ethnic and
religious groups.
The Constitution specifically states that women are by law the
equals of men in the political, economic, and social spheres.
The Government officially encourages opportunities for women,
and 2 of 20 cabinet ministers are women. Beninese women also
play a major role in the commercial sector. In rural areas,
however, they have traditionally occupied a subordinate role
and are responsible for much of the subsistence farm labor. In
particular, women have not enjoyed the same educational
15
BENIN
opportunities as men. In some parts of the country, families
are reluctant to have their daughters educated at all.
While no studies are available, violence against women,
including wife beating, occurs, although it is prohibited by
law. Police and courts are reluctant to intervene in cases of
domestic violence, considering such affairs to be family
matters. Female circumcision exists, mostly in the northern
part of the country. It is both deeply rooted in the
traditions of certain Beninese cultures, and it is a source of
income for those who perform the procedure. Efforts of a small
Beninese nongovernmental committee to reduce the practice
through educational measures have thus far met with only
limited success. A conference sponsored by the U.N.
International Children's Emergency Fund and the Inter-African
Committee on Women's Health was held in mid-October to set up a
national committee to address the situation.
Section 6 Worker Rights
a. The Right of Association
The December 1990 Constitution gives workers the freedom to
organize, to meet, and to strike. In 1974 all preexisting
unions were absorbed into a single trade union center which for
17 years was the designated mass organization of a single-party
Marxist regime. This heretofore sole center, the National
Workers' Union of Benin (UNSTB) declared its independence from
the former ruling party in 1990 and claims 26 nationwide
affiliated unions in Benin. The Confederation of Autonomous
Unions, a separate group formed in February 1991, represents an
additional 23 unions, mostly in the public sector.
Approximately 75 percent of wage earners in the modern sector
belong to organized labor unions.
There were a number of strikes in 1991 conducted by labor
unions in the public sector (teachers, airport workers, civil
servants in the Ministries of Planning, Finance, Commerce,
Industry, Education, and Culture, and the Public Treasury) .
For the most part, strikers were seeking back wages, in many
cases overdue for a number of years. The Government announced
in 1991 that it would no longer pay striking public employees
for time away from the job due to strikes.
Confederations and individual unions have the right to
affiliate with international labor movements. In 1990 the
UNSTB disaffiliated from the Communist-dominated World
Federation of Trade Unions.
b. The Right to Organize and Bargain Collectively
The Beninese Labor Code provides for collective bargaining.
The Code, which dates from 1967, is basically copied from the
French colonial labor code, but the Marxist regime ignored many
of its articles. Individual labor unions are authorized to
negotiate with employers on labor matters and represent
workers' grievances to both employers and to the Government,
with the Government often voluntarily acting as arbitrator.
The Labor Code prohibits employers from taking union membership
or activity into account when making decisions on hiring, work
distribution, professional or vocational training, or
dismissals. There are no export processing zones.
16
BENIN
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by the Labor Code and
is not practiced.
d. Minimum Age for Employment of Children
The Labor Code prohibits the employment or apprenticeship of
children under the age of 18 in any enterprise. However,
enforcement by inspectors from the Ministry of Labor is
limited, and child labor does occur, especially in rural areas,
where children below the age of 14 often work on family farms.
Some child labor occurs in urban areas, primarily in the
informal sector. For example, street vendors of newspapers,
smuggled petroleum products, and foodstuffs are frequently
under the age of 16.
e. Acceptable Conditions of Work
Benin's labor force of about 2 million is primarily engaged in
agriculture (80 percent), with less than 2 percent of the
population involved in the modern (wage) sector. Many also
engage in trade activities in the informal sector. For the
wage sector, the Labor Code establishes a workweek varying
between 40 hours (nonagricultural employees) and 56 hours
(security guards), depending on the type of work. The
Government administratively sets minimum wage scales for a
number of occupations. Most of those actually employed in the
wage sector earn a good deal more than the lowest minimum wage,
which was last set in 1984 and is sufficient only to provide
rudimentary food and housing for a family. It must be
supplemented by subsistence farming or small trade in the
informal sector if a family is to enjoy a decent living. The
Government supports policies designed to improve the conditions
of workers in both the agricultural and industrial sectors.
The Labor Code also establishes health and safety standards,
but enforcement by inspectors from the Ministry of Labor and
Social Affairs is limited.
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Botswana is a multiparty democracy. The Constitution vests
executive power in the President, currently Quett Masire, who
was reelected in 1989 for a second 5-year term. The President
selects his Cabinet from members of the National Assembly.
While there are several active political parties in Botswana,
in practice the country's politics are dominated by the
governing Botswana Democratic Party (BDP) . All citizens,
regardless of race, are free to participate fully in the
economic and political life of the country.
Botswana's military, the Botswana Defense Force (BDF), numbers
about 6,500 soldiers. The Botswana National Police (BNP)
numbers about 3,000. Both the BDF and BNP are subordinate to
civilian authority. Episodes of soldiers firing on civilians
appear to have been effectively halted by new "rules of
engagement" promulgated last year. The trial of military
personnel accused of shooting civilians in 1988 and 1990
resulted in the conviction of one soldier, the acquittal of
another, and a $400,000 judgment against the BDF.
Botswana's economy is market oriented with strong encouragement
for private enterprise. Spurred by diamond revenues, the
country's economy has expanded rapidly, with real gross
domestic product (GDP) growth averaging nearly 9 percent
annually since 1980. Since independence in 1966, per capita
GDP has increased from $69 to a current figure of about
$2,400. However, more than 50 percent of the population lives
outside the formal sector, gaining its livelihood from
subsistence farming and animal husbandry. Income distribution
is heavily skewed, with the top 20 percent of the population
probably earning two-thirds of the total income, with the
bottom 50 percent earning less than one sixth.
Botswana's laws and legal system provide for a broad range of
individual rights and freedoms, which are widely observed in
practice. However, women face significant legal and practical
discrimination, and public consciousness of the problem of
violence against women is growing. There have been some past
reports of police beatings of detainees, but none in 1991.
Labor conditions are generally good given the level of economic
development, although trade unions continue to face certain
legal restrictions.
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and other extrajudicial killing
There were no reports of such killings.
b. Disappearance
There have been no reports of politically motivated
disappearances since Botswana's independence 25 years ago.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment.
In the past, there have been credible reports of police
beatings of suspects and detainees, which were condemned by
government officials. Police officers found to have abused
suspects are subject to both internal disciplinary procedures
and criminal prosecution.
18
BOTSWANA
No cases have been reported of women being raped or subjected
to other abuses while in custody. Arrested women are
immediately placed in the charge of matrons, reducing the
potential for mistreatment by male police officers.
Caning is allowed for certain offenses for men below age 40.
Strict conditions regulate the size of the cane, require
medical examinations of the prisoner before and after
punishment, and prescribe strokes only across the buttocks. A
recent High Court opinion disallows corporal punishment for
children below 14 which, however, under the rubric of
"traditional punishment," can still be meted out by parents and
village headmen.
d. Arbitrary Arrest, Detention, or Exile
Citizens are protected from arbitrary arrest under the
Constitution. An arresting officer must clearly inform the
person being arrested of the charges and of the right to remain
silent. An accused person may contact anyone of his choosing.
In most cases, a suspect must be charged before a magistrate
within 48 hours of arrest. Bail is allowed, and detainees have
the right to hire attorneys of their choice. Poor
communications in rural villages, however, make it difficult
for detainees to obtain legal assistance. There is no public
defender service for those unable to afford a lawyer.
Once a suspect has appeared before a magistrate, he or she may
be detained only if the magistrate issues a writ of detention,
valid for 14 days and renewable every 14 days thereafter.
There have been complaints, including in 1991, that police and
rangers from the Department of Wildlife have held people
accused of poaching longer than the prescribed 48 hours.
Offending police officers have been administratively punished
or sued successfully in civil actions.
These restrictions on detention do not apply to illegal
immigrants (mostly Zimbabweans or Zambians); there are perhaps
200 to 300 such persons per year. These illegal immigrants are
usually found in periodic sweeps by the police and deported
after being held for up to 2 weeks. Botswana's Constitution
allows the President to declare a person a "prohibited
immigrant" and order deportation, but this provision has seldom
been used. No explanation is required nor is any normally
given, and the order is not subject to judicial review. A
prohibited immigrant can reenter Botswana only with
presidential authorization. There was one such case in 1991,
but the deportee was not named publicly.
Persons charged under the National Security Act (NSA) must be
arraigned before a magistrate within 96 hours, and suspects may
be held indefinitely. However, this Act has rarely been
invoked. Security cases are often tried under ordinary
criminal procedures after an initial hearing.
e. Denial of Fair Public Trial
Botswana's judiciary is independent of the executive and
legislative branches of government in both law and practice.
Botswana has two court systems, the regular courts and the
customary (traditional) courts. In the regular courts, a
defendant's right to due process is provided for by law and
largely honored in practice, although many defendants are not
apprised of their rights in pretrial or trial proceedings.
19
BOTSWANA
Most trials are held in public, and court records are public.
However, trials under the National Security Act may be held in
secret. As a rule, courts appoint public defenders only for
those charged With capital crimes (murder and treason);
lawyers in these cases serve on a no fee basis. Thus, those
charged with noncapital crimes are often tried without legal
representation if they cannot afford an attorney. However,
defendants may confront witnesses and present evidence.
Customary courts usually handle land, marital, and property
disputes as well as minor crimes. There are clearly defined
appeal procedures with separate courts of appeal in both
systems, as well as the possibility of appeals to the High
Court. Customary courts are open only to members of the tribe
served by the particular court. The tribal chief presides over
the court, and there are no attorneys for either side.
There were no political prisoners reported in Botswana in 1991.
f. Arbitrary Interference with Privacy, Family, Hom.e, or
Correspondence.
These rights are safeguarded by law, and privacy in family
matters is respected. Court-issued search warrants are
required, but police officers of the rank of sergeant and above
can enter, search, and seize property provided they believe "on
reasonable grounds" that criminal activity is involved, that
evidence would be lost or compromised by waiting for a warrant,
and that the evidence is later brought before a magistrate. In
practice, this means that seizures of property are frequently
made without resort to search warrants. Evidence gained
without a warrant is admissible in court. Judges can
disqualify such evidence if it can be shown that it would not
likely have been compromised by taking the time to obtain a
proper warrant. There is no evidence of arbitrary or illegal
surveillance of persons or their communications.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press are provided for in the
Constitution and respected in practice. Opposition viewpoints
and criticism of the Government are freely expressed. However,
both the government media and the independent press follow
unwritten rules against criticizing senior officials directly
or discussing the personal lives or financial affairs of
important figures.
Although the Botswana Press Agency (BOPA) is part of the
Deparrment of Information and Broadcasting, it functions with a
great deal of autonomy, and its editorials do not always
reflect the Government's view. The Government's daily
newspaper, m.ade available free of charge, consists largely of
reports of speeches of ministers and other high officials and
international wire service stories.
While opposition parties' activities receive adequate press
coverage, the government media tend to give more space to
ruling party viewpoints, and the independent press tends to
present mere balanced coverage. In the past, the Government
has clashed with the independent press over the proper
reporting of national security issues. Books and publications
are not censored. Academic freedom is fully respected.
20
BOTSWANA
although a proposed new law would restrict the right of
university students to conduct protests on campus.
b. Freedom of Peaceful Assembly and Association
Botswana has a long history of peaceful assembly which is
integral to traditional village life and is exemplified in the
village meeting, the kgotla. During kgotla meetings, men
freely question leaders and voice opinions on local politics.
Women do not typically speak out at kgotla. Permits are
required for public meetings and demonstrations and are usually
granted as long as the police believe public order will be
maintained .
c. Freedom of Religion
Freedom of religion is guaranteed. There is no state religion,
although the majority of the population identify with some
denomination of Christianity. Hindu, Muslim, and Baha'i groups
practice their faiths freely. There are no restrictions on
places of worship, the training of members of clergy, religious
publishing, religious education, conversion or participation in
charitable activity. There are no restrictions against
missionaries or foreign clergy. There is no discrimination
based on religion.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Botswana has no restrictions on movement within the country,
foreign travel, emigration, or the right to return. Passports
are easily obtained.
Refugees documented by the United Nations High Commissioner for
Refugees (UNHCR) are readily accepted into Botswana but are
normally required to live in the refugee settlement at Dukwe,
in northeastern Botswana, although the Government may authorize
them to live elsewhere. Due to past allegations from
neighboring countries that refugees were using Botswana as a
launching area for subversive operations beyond Botswana's
borders, refugees found out of their authorized living areas
can be declared by the Government to have abandoned their
refugee status and be deported to neighboring countries.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Batswana have the right to peacefully change their government
through democratic means, although in practice one party, the
Botswana Democratic Party (BDP), has dominated Parliament since
independence 25 years ago. Members of Parliament are elected
by universal suffrage and secret ballot; the President is
elected by the Parliament. Thirty-four of the 38 members of
the National Assembly are elected every 5 years; the remaining
4 are appointed by the President. In the 1989 elections, the
BDP won 31 of the 34 elective seats. There are currently eight
active political parties, but only two, the BDP and Botswana
National Front (BNF) are represented in Parliament.
Women and minorities legally have the same political rights as
everyone else. Even though the traditional patriarchal society
has discouraged women from taking part in politics, women vote
in greater numbers than men, and the number of positions held
by women in various institutions is increasing. Women hold
21
BOTSWANA
about 40 percent of the seats in local and district councils,
and there are two women in Parliament, one of whom is the
Minister of External Affairs. There are a number of female
senior lecturers at the university, but as yet few females of
professorial rank.
Section 4 Government Attitude Toward International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Local human rights groups operate freely. Organized in 1989,
the Botswana Association for Human Rights expects its official
registration as a nonprofit organization to be completed by the
end of the year. The goals of the association are to focus
national attention on laws needing reform, to make
recommendations to the National Law Reform Committee, to
heighten public awareness about human rights, and to pressure
the Government to ratify more of the existing international
human rights instruments. Independent organizations dealing
with the rights of women and rural dwellers also exist.
The Government also permits international organizations
involved in human rights advocacy to operate in Botswana,
including the International Committee of the Red Cross, the
UNHCR, the International Labor Organization (ILO), and others.
To date, there have been no international investigations of
human rights violations in Botswana. The Government has stated
that it would cooperate if there were such an investigation.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Tswana majority, comprising about 65 percent of the
population, has a tradition of peacefully coexisting with the
largest minority, the Kalanga, which constitutes 25 percent of
the population. Although ethnic rivalries are not entirely
absent, no ethnic group suffers from serious discrimination.
The most prominent complaint comes from the Government's
refusal to allow instruction in minority languages in schools.
Groups living in remote areas, including the Kgalagadi and the
San (the Bushmen), have suffered discrimination in the past in
access to government services and legal redress, partly because
of their distance from settled areas and their nomadic
lifestyle. They are still poorly represented in politics, but
some are being resettled and are gaining better access to
government services.
The Constitution and Penal Code forbid discrimination based on
color, race, nationality or creed but do not mention
discrimination based on sex. However, a number of laws and
customs have the effect of restricting political, social, and
economic opportunities for women. For example, women married
under the "in common property" concept become legal minors.
This means that a married woman may not purchase or sell
property or make other legally binding agreements without her
husband's consent. While a woman may enter a binding
transaction as a public trader, she may become a trader only 7
with her husband's consent. Under customary law a husband may
have additional wives after consulting with his first wife and
the families, although this practice is dying out.
Marriage license applications are increasingly accompanied by
explanations of marriage "out of common property" under which a
woman retains the property she brings to a marriage as well as
22
BOTSWANA
full adult legal standing after marriage. Although frowned
upon by more traditional families, these marriages are
increasingly common.
A woman is required to obtain her husband's permission for the
use of contraceptives or for operations to prevent conception.
Under 1991 legislation, abortion is allowed in cases of rape,
incest, when the physical or mental health of a mother is
threatened, or when a child will suffer grave physical or
mental abnormalities. Two physicians must agree that the
health of the mother or child is threatened. If the health of
a married couple's child is at risk, or the mother is an unwed
minor, abortion is a family decision. Otherwise, the law does
not require the consent of the husband or father.
The Attorney General maintains that women have no legal
recourse in sex discrimination cases. However, the recent case
of a female attorney who challenged the Citizenship Act on
discrimination grounds was decided in favor of the plaintiff.
She held that the law discriminated against her by preventing
her from transmitting Botswana citizenship to her children
since her husband, the children's father, was not a Botswana
citizen. The State has appealed the case, arguing that the
authors of the Constitution did not intend to outlaw
discrimination based on sex. A long list of laws would have to
be changed if the decision stands.
Inheritance laws and customs call for each child to receive a
share of an estate regardless of sex. The oldest male child
receives a larger share but is responsible for his widowed
mother and minor siblings.
Domestic violence against women is on the increase as Botswana
society becomes more urban and people live away from constant
contact with the extended family. Men have traditionally had
the right physically to "chastise" their wives, although this
is changing. Since marital problems are considered a problem
to be dealt with between husband and wife, the police are
reluctant to intervene. Problems are still frequently settled
by the extended family, with fully 75 percent of the cases of
domestic violence brought to police attention withdrawn because
of family pressure. As a conseqence of these factors, no
accurate statistics exist on the extent of domestic violence.
The incidence of rape has grown, with increased depersonalized
urbanization as a major factor, although increased reporting
should not be discounted. The maximum penalty is life
imprisonment with mandatory corporal punishment; the average
sentence is 4 years with corporal punishment. A form of female
circumcision exists in Botswana, but it is rarely performed and
only by a few traditional doctors.
Concerted government action to improve the status of women has
been slow in coming. In .1981 the Ministry of Home Affairs
established a women's affairs unit which published a woman's
guide to the law and information on the citizenship law. It
has also done research on such subjects as maternity leave and
teenage pregnancy. The majority party (the BDP) established a
women's wing to focus on women's issues in 1987.
There is no evidence of particular jobs being reserved for
men. Wom.en are highly visible in the professions, commerce,
and as laborers, and women's organizations are growing in
number. The most active group is Emang Basadi, which seeks to
23
BOTSWANA
educate women about their rights, argues for the enforcement of
fathers' obligations to support their children, and argues for
day care in institutions that employ large numbers of women,
like the National University and banks. In addition, numerous
local women's groups are organized for self-help.
Section 6 Worker Rights
a. The Right of Association
Workers (except for pensionable government workers) are free to
establish or join labor unions. Government workers may form
associations which function as quasi-unions . Unions are well
developed in mining, railways, banking, and among government
manual workers. There is one major confederation of trade
unions, the Botswana Federation of Trade Unions (BFTU). Trade
unions in Botswana are independent of government control or
party affiliation and actively seek to represent their members'
interests. Unions may employ administrative staff, but
Botswana law requires elected union officials to work full time
in the industry the union represents. This severely limits
union leaders' effectiveness and has been criticized by the
International Confederation of Free Trade Unions (ICFTU).
In addition, the law severely restricts the right to strike.
Legal strikes are theoretically possible after an exhaustive
arbitration process, but there has never been a legal strike.
There were three notable wildcat strikes in 1991 in the mining
sector. Management maintained that all three were illegal, and
all were settled peacefully (but with few gains for the
strikers). In November unskilled and semiskilled government
workers struck for 1 week over long-standing wage demands. All
workers returned to their jobs without winning salary
increases, and the Government is pursuing legal actions against
the strike organizers for not following procedures stipulated
by the Labor Code.
Unions may freely join international organizations, and labor
representatives regularly attend international conferences.
Discussions continued in 1991 between government, employers,
and trade unions over reform of labor laws. Unions say that
elected officials should be able to serve members' needs full
time. Unions are also asking for severance pay greater than
the usual 2 months' pay. Finally, unions want restrictions on
the Labor Commissioner's right to attend BFTU meetings.
b. The Right to Organize and Bargain Collectively
Although employers are required under the Trade Union Act to
bargain with any trade union that organizes at least 25 percent
of the work force in a given industry, the union's ability to
demand collective bargaining depends on its overall strength.
Collective bargaining is common in the mining sector, where
trade unions are relatively strong, but is virtually
nonexistent in most others.
Public sector salaries are set by the Government and formerly
served as a benchmark for private sector wages. However,
Parliament voided that policy in 1990, and pay raises and
inflation indexing must now be negotiated separately in the
private sector. In early 1991 government employees received
raises ranging from 13 percent at the lowest levels to 90
percent at executive levels.
24
BOTSWANA
Although the law prohibits employers from dismissing workers
for union activities, there is disagreement over how well they
are enforced. Other reasons are often given for dismissals so
it is difficult for dismissed employees to prove that union
activities were the real reason. Dismissals may be appealed to
labor officers or civil courts, but labor officers rarely do
much more than order 2 months' severance pay. Labor law
practice in Botswana's only export processing zone, in
Selebi-Phikwe, is the same as in the rest of the country.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is not practiced in Botswana and is
specifically forbidden by the Constitution.
d. Minimum Age for Employment of Children
Botswana law prohibits the employment of children 12 years of
age and under by anyone except members of the child's immediate
family. No one under the age of 15 may be employed in any
industry, and only persons over 16 may be employed in night
work. No person 16 or younger is permitted to work in
hazardous jobs, including mining. Botswana law also protects
young people from recruiters for jobs outside the country.
Scattered violations of age standards occur in small-scale and
family enterprises and in the informal sector. The Department
of Labor is insufficiently staffed to enforce full compliance.
Although education is not compulsory, it is almost universally
available, and most children attend school at least through the
seventh grade. The Government is rapidly making 9 years of
free public education universally available.
e. Acceptable Conditions of Work
Minimum monthly wages are established by law for all but
agricultural and domestic workers. The level varies by
industry, and the lowest minimum is barely adequate for one
person to maintain a decent standard of living in an urban
environment. In most cases, workers must supplement this with
a second job or subsistence farming. Most families have more
than one wage earner .
The law mandates a maximum 48-hour workweek with provisions for
overtime pay (time and a half) for more than 48 hours. Most
major employers use the standard workweek, but some smaller
firms refuse to pay overtime, and action is seldom taken
against them. The Government establishes basic job health and
safety standards. Most industries adhere to the standards,
although compliance by construction firms is sometimes lax.
Nevertheless, industrial accident rates are not high on the
whole. While workers who complain about hazardous conditions
have legal protection from dismissal, application of this
enforcement has been uneven. Enforcement of safety standards,
which is divided between the Departments of Labor and Mines and
the Ministry of Health, has been hampered by inadequate
staffing.
2$
BURKINA FASO
In 1991 Burkina Faso remained under the rule of President
Blaise Compaore, who toppled Thomas Sankara on October 15,
1987, in the country's fourth military coup since 1980. In
June 1990, President Compaore began a carefully controlled
process of government restructuring and reform, legalizing
opposition parties and independent media but dictating
arrangements for the transition to multiparty elections. A new
Constitution, approved by referendum in June 1991, contains
provisions which, if fully implemented, would provide citizens
a wide range of civil and political rights. Opposition groups
originally participated in a broad-based transitional
government but withdrew when the President refused to accept a
national conference or to negotiate changes in arrangements for
the presidential elections on December 1. The opposition
refused to participate in the elections, and only an estimated
25 percent of the registered electorate turned out to vote,
thus denying Compaore the mandate he sought . In the aftermath
of that vote, opposition activist Clement Ouedraogo was killed
in a grenade attack, and another opposition member, Moctar
Tall, was seriously injured in a separate attack. Many
Burkinabe believed the Government was responsible for the
attacks .
Burkina Faso's security apparatus consists of the armed forces,
the paramilitary gendarmerie, and the police, all controlled by
the Ministry of Defense. Although the situation improved from
previous years, elements of the security services, used for
police duties, were responsible for human rights abuses in
1991, including mistreatment of detainees.
Burkina Faso is overwhelmingly dependent on subsistence
agriculture which, in turn, is highly vulnerable to variable
rainfall. Frequent drought, weak communications and
transportation infrastructure, and a low literacy rate are all
longstanding problems. Per capita income is approximately $300
a year. In March the Government reached agreement with the
World Bank and the International Monetary Fund on a 3-year
structural adjustment program. This program aims to open the
economy to free market forces, promote privatization, and
attract foreign investment.
The Government instituted some limited human rights
improvements in 1991, most notably in releasing two groups of
political detainees: those implicated in a December 1989 coup
attempt and students arrested during protests at the University
of Ouagadougou in May 1990. On July 25, President Compaore
declared a general amnesty pardoning those found guilty of
political offenses since the country's independence and
restoring their civil rights. The appearance of privately
owned newspapers stimulated critical discussion of reform.
However, these developments were clouded by the Government's
intimidation of political opponents and local human rights
activists and by the assassination of Clement Ouedraogo.
RESPECT FOR HU>1AN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
In addition to the assassination of Clement Ouedraogo and the
attempt on the life of Moctar Tall, there were two apparent,
but unconfirmed, extrajudicial killings. Professor Guillaume
26
BURKINA FASO
Sessouma, detained in December 1989 for allegedly participating
in a coup plot, and medical student Dabo Boukary, detained
following student demonstrations in May 1990, were reportedly
killed while in detention by members of the paramilitary
gendarmerie. Government officials continue to insist that the
two escaped to Ghana. According to informed sources, however,
both men were tortured and killed shortly after their arrest.
The Burkinabe Movement for the Rights of Man and Peoples
(MBDHP) continues to pressure the Government to account for
both disappearances.
b. Disappearance
Initial reports indicated that a number of protestors were
missing after an attack by supporters of President Compaore's
Organization for Popular Democracy (ODP/MT) on a peaceful
opposition rally and march on September 30. However, these
allegations have never been confirmed and appear to have
resulted from the confusion of the moment. An estimated 100
persons were injured in the incident.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
While legally prohibited, torture and mistreatment of detainees
have been documented for a number of years, and no known
disciplinary action has been taken against those responsible.
The most recent manifestation of the problem occurred in
Bobo-Dioulasso, where those taken into custody following an
election day riot on December 1 were tortured before being
turned over to the police. After Burkina's two local human
rights groups (see Section 4) protested these actions, those
detained were released, and no further allegations of
mistreatment were made.
d. Arbitrary Arrest, Detention, or Exile
Since the June adoption of the Constitution, which provides for
the right to expeditious arraignment and access to legal
counsel, there have been no known cases of prolonged arbitrary
arrest or detention. The law permits detention for
investigative purposes without charge for a maximum of 72
hours, renewable for a single 72-hour period. In practice,
this limitation is rarely observed, particularly in sensitive
cases. The military code takes precedence over the civil code
in national security cases.
Prior to the controlled reform process, the Compaore regime
held in custody a large number of its opponents who were
allegedly implicated in two 1989 coup plots. In 1991 the
Government released these persons, without ever bringing them
to trial. Some opposition supporters were detained by
authorities after opposition marches on September 30 and
October 29, and after the December 1 Bobo Dioulasso riot, but
they were released following demarches by local human rights
organizations .
Though some intellectuals, military officers, and former
government officials remain in self-imposed exile abroad, a
number have repatriated themselves since the beginning of the
country's reform process. On September 4, a prominent exile.
Professor Joseph Ki-Zerbo, returned to Burkina Faso after 8
years in Senegal and France. Earlier in the year. Captain
Boukary Kabore returned to Burkina Faso from Ghana, following 4
years of exile. Kabore, who headed the Koudougou military
27
B URKINA FASO
encampment, was the only military leader to oppose then Captain
Compaore's overthrow of Captain Thomas Sankara in 1987.
e. Denial of Fair Public Trial
The Constitution guarantees the right to public trial, access
to counsel, and appeal. These rights are respected in the
normal court system but do not exist in the People's
Revolutionary Courts (TPR's), the politicized tribunals
established following the 1983 revolution to judge former
government officials on corruption and other charges. The
TPR's were inactive after the Constitution's promulgation,
although not officially abolished by the end of 1991.
In 1991 the Government restored the civil rights of those
convicted of political offenses. The July general amnesty,
however, pardoned only those convicted of political crimes, not
those convicted of other offenses by the country's politicized
TPR's. At year's end, a separate process was established
whereby these convictions could be appealed.
Military courts exercise jurisdiction in security and political
cases and are convened on an ad hoc basis. They are subject to
flexible procedures and executive influence. As a result,
there have been growing public pressures to revise the military
legal code.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Government authorities generally do not interfere in the daily
lives of ordinary citizens, but monitoring of private
correspondence or telephones does occur in suspected national
security cases. Under the law, homes may be searched only
under the authority of a warrant issued by the Minister of
Justice. In national security cases, however, a special law
permits surveillance, searches, and monitoring of telephones
and correspondence without a warrant. Vestiges of President
Compaore's old Popular Front government and its infrastructure,
including local revolutionary committees, continued to play an
active role on the local scene in 1991. Though formally
separated from the State, these organizations exercised an
intimidating role in Burkinabe towns and villages.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Although freedoms of speech and press increased in 1991, the
Government still employed certain tactics of intimidation to
limit individual expression and criticism of government
policies, e.g., the use of force on September 30.
The information code of 1990 established the right of private
publication for the first time since 1987. The code requires
that this right be exercised with "strict respect" for cultural
and moral values and the political orientation of Burkina
Faso. Thus, it gives the Government wide latitude of
interpretation. However, the four independent newspapers and
Radio Horizon, a private radio station in Ouagadougou, operated
free of government intervention in 1991. L ' Observateur Paalga,
one of the new independent newspapers, soon became the
country's largest selling newspaper. The same pattern held
with, Radio Horizon, which, within a few weeks, dominated the
market. The official government newspaper, Sidwaya, and radio
28
BURKINA FASO
Station, Radio Burkina, display a lingering pro-ODP/MT bias,
and the official press organs remain selective in their
reporting. Yet, the presence of the independent competition,
especially from L 'Observateur , has led the official media to
give more coverage of events sponsored by independent
organizations and opposition parties critical of government
policies .
In general, foreign newspapers and magazines entered the
country freely in 1991. Certain issues of international
periodicals containing articles critical of the Government were
intercepted upon reaching the country. In 1991 foreign
journalists traveled freely, filed stories without censorship,
and enjoyed access to government officials. There is no
interference with international radio broadcasts.
Although academic freedoms have been limited in the past, it
remained unclear in 1991 whether the Constitution would protect
academic freedoms more effectively than did previous
legislation. The Government permitted those students released
from detention to reenter the university.
b. Freedom of Peaceful Assembly and Association
Since early 1990, political parties have been permitted to
organize and hold meetings. Parties still must seek government
permission for their rallies, although such permission was
generally granted automatically in 1991. More than 50
political parties existed in Burkina at the end of 1991.
An increasing cycle of violence characterized Burkinabe
politics prior to the boycotted presidential election, in an
apparent attempt by hardliners to intimidate the opposition.
Armed supporters of President Compaore and his ODP/MT attacked
a peaceful opposition march on September 30, and widespread
vandalism followed the police breakup of an opposition march on
October 29. Unidentified assailants attacked the homes of
prominent opposition leaders repeatedly in October and
November, using Molotov cocktails and machine guns. In
separate ambushes shortly after the election, one opposition
leader, Clement Ouedraogo, was killed and another, Moctar Tall,
was seriously wounded.
Credible reports indicate the Government discharged some civil
servants who took part in opposition activities and warned
businessmen against supporting the opposition at the risk of
losing government contracts and facing other harassment.
Nonpolitical associations for business, religious, cultural,
and other purposes exist and experience no difficulty in
obtaining permission to meet or associate with international
associations in their fields.
c. Freedom of Religion
Burkina Faso is a secular state, and Islam and Christianity
exist side by side, with about 40 percent of the population
Muslim and about 15 percent Christian. The remainder of the
population practices traditional African religions. Muslim and
Christian holidays are recognized as national holidays. Social
mobility and access to modern sector jobs are neither linked
to, nor restricted by, religious affiliations.
29
BURK INA FASO
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Travelers within Burkina Faso are routinely stopped for
identity checks at police and military checkpoints. There is
little restriction on foreign travel for business and tourism.
Exit permits are no longer required. Refugees are accepted
freely in Burkina Faso, and attempts are made to provide for
their care in cooperation with the United Nations High
Commissioner for Refugees. At the end of 1991, there were
approximately 186 refugees and displaced persons in Burkina
Faso, mainly from Chad and Liberia.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
In 1991 citizens still did not have the right to change their
government, but pressures for change continued. The program of
reform, carefully controlled by President Compaore since its
inception, suffered a setback following persistent intimidation
of the opposition (see Section 2.b.) and the failure of the
Government and the opposition to agree on modalities for the
presidential election on December 1. Opposition parties sought
a national conference with authority to govern as a
precondition for their participation. When the President
demurred, the opposition parties boycotted the legislative and
presidential elections. Running unopposed. President Compaore
received 86 percent of the ballots, but 75 percent of the
electorate abstained from voting.
Following the presidential election and the subsequent
assassination of prominent opposition leader Clement Ouedraogo,
President Compaore moved to compromise with the opposition. He
delayed the legislative elections in order to allow the
opoposition to abandon its boycott and accepted the principle
of a "national forum of reconciliation." At the end of 1991,
no date for the forum had been set. The opposition made
government assurance of its security a precondition for
continued participation in negotiations on Burkina's future.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government's response to demarches by local human rights
groups has been mixed. The Government has continued to
tolerate the activities of the Burkinabe Movement for the
Rights of Man and Peoples (MBDHP), and, after protests by the
MBDHP and the other local human rights group, it released
opposition supporters detained following election-day riots in
Bobo Dioulasso. However, it has studiously ignored MBDHP
demands to account for the deaths of Boukary Dabo and Guillaume
Sessouma. The MBDHP is an independent group, composed mostly
of professionals, led by the President of the Administrative
Chamber of the High Court. The MBDHP has organized forums on
constitutional and human rights issues at which discussion has
been impressively free and open; it also publishes a quarterly
journal. The government press, however, still ignores certain
MBDHP activities, an issue the Movement raised with the.
Minister of Information in late September. By that time, the
MBDHP had established local chapters in 25 of Burkina's 30
provinces. As yet, MBDHP members do not appear to have been
targeted for reprisal, although the car of Movement president
Alidou Ouedraogo was burned on September 30, 1991, during an
BURKINA FASO
attack by ODP/MT supporters on the headquarters of the National
Convention of Progressive Patriots, an opposition party.
In April a second human rights organization, the Association
for the Promotion of a State of Law and Liberty (APED/L), was
founded by a group of lawyers and professionals. Claiming to
defend the "everyday" rights of man, APED/L has subtly
criticized the MBDHP ' s antigovernment stance. The
Association's close relations with the Government and official
media suggest that it was established to counteract the MBDHP 's
human rights activities. The Government is rarely responsive
to investigations by international nongovernmental
organizations.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Discrimination on the basis of race, religion, or ethnic origin
is illegal under the 1991 Constitution. In practice, such
discrimination does not occur on a wide scale. Minority ethnic
groups are as likely to be represented in the inner circles of
the Government as are the majority Mossi, and government
decisions do not favor one group over another.
In the largely rural society of Burkina Faso, women continue to
occupy a subordinate position and face discrimination in such
areas as education, jobs, property, and family rights. In the
modern sector, however, women are well represented, making up
one-fourth of the government work force, usually in lower
paying positions. Women constitute approximately one-third of
the total student population in the primary, secondary, and
higher educational systems. Schools in rural areas have
disproportionately fewer girls than schools in urban areas.
Violence against women, especially wife beating, occurs fairly
frequently in rural areas, less often in cities. The
Government is attempting to educate people on the subject
through the media. Such cases are sometimes mediated by a
"popular conciliation tribunal," composed of community
repr esentat ives .
The Government has made a particularly strong commitment to
eradicate female genital mutilation through widespread
educational efforts. Female circumcision still occurs in many
rural areas, although it is becoming less common in urban
centers. Another form of mutilation is scarring the faces of
both boys and girls of certain ethnic groups. This custom,
too, is gradually disappearing.
Section 6 Worker Rights
a. The Right of Association
Workers, including civil servants, have traditionally enjoyed a
legal right to association, which is recognized in the newly
ratified Constitution. There are a large number of trade
unions and five trade union federations. Although unions are
independent of the Government, the military Government has at
times limited their freedom of action to ensure compliance with
government labor policy. Once the most powerful political
force in the country, organized labor — approximately 60,000
nonagr icultural workers--lost much of its influence under the
Sankara and Compaore military regimes. The five trade union
federations participated in the drafting of the national
Constitution adopted in June.
31
BURKINA FASO
The new Constitution also guarantees organized labor the right
to strike in accordance with the laws in force. Labor unrest
has increased a^ the country has embarked on an austerity
economic adjustment program. Labor unions are free to
affiliate internationally.
b. The Right to Organize and Bargain Collectively
Unions have the right to bargain for wages and other benefits
both directly with employers and with industry associations.
These negotiations are governed by minimums on wages and other
benefits contained in the interprofessional collective
convention and the commercial-sector collective convention. If
no agreement is reached, employees may exercise their right to
strike. Either labor or management may also refer the impasse
in negotiations to the Government for consideration at the
level of the country's labor tribunals. Appeals may be pursued
through the Court of Appeal to the Supreme Court, whose
decision is binding on both parties. Collective bargaining is
extensive in the modern sector, although this encompasses only
a small percentage of the population. The Labor Code prohibits
antiunion discrimination, and complaints about such
discrimination are handled by Labor Ministry inspectors and are
appealable to a tribunal in the Ministry. This is a
functioning system which union officials feel works
adequately. There are no export processing zones in Burkina
Faso .
c. Prohibition of Forced or Compulsory Labor
Forced labor is prohibited by law and is not practiced.
d. Minimum Age for Employment of Children
The Labor Code sets the minimum age for employment at 14, the
average age for completion of basic secondary school. However,
the Ministry of Employment, Labor, and Social Security, which
oversees labor standards, lacks the means to enforce this
provision adequately, even in the small wage sector. Most
children actually begin work at an earlier age on small, family
subsistence farms and in the traditional apprenticeship system.
e. Acceptable Conditions of Work
The Labor Code mandates a minimum monthly wage and a maximum
workweek of 48 hours and establishes safety and health
provisions. The current minimum wage rate, which does not
apply to the large subsistence agriculture sector, was last set
by the Government in 1983 and is not adequate for an urban
worker to support a family. Wage earners usually supplement
their income through reliance on the extended family and
subsistence agriculture. A system of government inspections
under the Ministry of Labor and labor courts ensures that
health and safety standards are applied in the small industrial
and commercial sectors, but they are not applicable in the
subsistence agriculture sector, which involves over 85 percent
of the population.
32
BURUNDI
The Republic of Burundi is a one-party state led by President
Pierre Buyoya, an army major who came to power in a bloodless
coup in September 1987. President Buyoya is also head of the
National Party for Unity and Progress (UPRONA) and exercises
considerable executive, legislative, and regulatory powers.
The 23-member, predominantly civilian Cabinet manages the
day-to-day business of government. In spite of an increasingly
open political atmosphere, UPRONA is still the only legal
political entity in Burundi.
Throughout its history, Burundi has been plagued by ethnic
conflict, characterized by the traditional dominance of the
minority (14 percent) Tutsi ethnic group over the majority (85
percent) Hutu ethnic group. Although progress towards reform
suffered a setback following ethnic violence in 1988, in which
5,000 to 10,000 people were killed, there has since been slow
but definite movement in the direction of democratization.
In a nationwide referendum on February 5, the National Unity
Charter was approved by nearly 90 percent of the voters. This
document is intended to provide a guarantee of equal rights for
all Burundis regardless of ethnic origin and thus to bring
about national reconciliation. A 35-member constitutional
commission, largely composed of civilians, was officially
formed on March 21 to formulate a new constitution to replace
the one suspended by President Buyoya when he came to power in
1987. The commission recommended in September the creation of
a multiparty political system, with fundamental rights
including free speech and press, the separation of powers, and
the protection of minorities. Government officials and
commission members carried out an energetic campaign to inform
the population, both at home and abroad, of the commission's
recommendation and to solicit their views. President Buyoya
has called for a referendum on the constitution early in 1992
to be followed by general elections in early 1993. However,
major opposition groups rejected both the commission's report
and the President's program for transition as the unilateral
products of a government that came to power by force.
Internal state security is still the responsibility of the
security police. A much larger regular police force, or
gendarmerie, is responsible for maintaining law and order. The
state security police have the same powers of arrest as the
regular police and are subject to the same process of judicial
review. Both are part of Burundi's 18 , 000-member military
force. An ethnically balanced National Security Council was
created in 1990 to oversee the activities of the various
security forces, which continue to be almost entirely composed
of members of the Tutsi ethnic group. During times of unrest,
the army is permitted to take persons into custody on behalf of
the gendarmerie. Elements of the military committed
significant human rights abuses in 1991 in responding to
alleged threats and attacks from members of the Party for the
Liberation of the Hutu People (PALIPEHUTU) .
Landlocked Burundi is extremely poor and densely populated.
Over four-fifths of the working population is engaged in
subsistence agriculture, working small, privately owned plots.
The small monetary economy is based largely on the export of
coffee, with few other cash crops. The country has embarked on
a structural adjustment program supported by the donor
community which includes the privatization of a range of
industries. The increasingly grave social and economic problem
33
BURUNDI
of the acquired immumodef iciency syndrome (AIDS) complicates a
preexisting health-care crisis.
In 1991 civil liberties continued to be significantly
restricted, including the rights of assembly and association
and of political expression. Brutality, and sometimes torture,
of detainees remained a problem, as did the Government's
failure to investigate effectively and punish those
responsible. In the aftermath of attacks on military and
police installations in November, security forces overreacted,
resulting in the death of between 500 and 1,000 people. A
commission of inquiry was established to investigate these
incidents, and some military person were arrested. The
Government also abolished a special security court. Citizens
still did not have the right to change their government, but
there was progress towards a democratic political system.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
In late November and December, 500 to 1,000 people were killed
as the result of security forces' response to attacks on
military and police installations. Reliable reports indicate
that many of these deaths were the result of the use of
excessive force. The Government established a commission of
inquiry, headed by the Attorney General, to investigate the
causes of the violence as well as excesses on the part of the
authorities. At year's end, several Tutsi military officers
had been detained for prosecution where culpability had been
determined. There were persistent reports that Burundi
military forces killed an unspecified number of Hutu peasants
in the north of the country. The Government denied the reports,
Questions concerning the 1990 death of Remy Gahutu, a prominent
exiled Burundi political dissident who died while in the
custody of Tanzanian authorities, remained unresolved in 1991.
Clinical information indicated the death may have been the
result of poisoning, and members of Gahutu 's organization have
alleged that Burundi authorities were ultimately responsible.
b. Disappearance
There were numerous reports of people disappearing during the
November disturbances, and the Government promised to provide
lists of those arrested. At year's end, it was still not
possible to account for all missing persons. Some may be
presumed to be among the approximately 40,000 Burundians who
fled to Zaire or Rwanda as a result of recent or threatened
violence and who remained outside of the country.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture is forbidden by law, but cruel treatment of suspects or
detainees continues to occur in the form of beatings during
arrest or interrogation. There is no evidence of vigorous
prosecution for such torture or brutality, and the council
established 2 years ago to investigate official misconduct and
brutality apparently has seldom met and reportedly has taken
action only once. Members of the legal and human rights
34
BURUNDI
communities report that judges rarely press the police about
the nature of their conduct in questionable cases.
Prison conditions remain severe in Burundi, due to lack of
adequate hygiene, clothing, medical care, food, and water.
Food must be grown by the prisoners and when possible
supplemented by their families. The Government has begun a
program of gradually improving conditions; to date, efforts
have been focused on increasing the supply of food and
clothing. Visits by family members are difficult, particularly
when prisoners are moved to locations distant from their homes
due to overcrowding.
d. Arbitrary Arrest, Detention, or Exile
Police officers are empowered to detain suspects without an
arrest warrant but must submit a written report to the public
prosecutor ■ s office within 24 hours. The public prosecutor may
either order the detainee's release or issue an arrest warrant
valid for 5 days. The public prosecutor must then state the
charges before a magistrate in the presence of the detainee.
The magistrate may confirm the detention, initially for 15 days
and subsequently for 30-day periods as necessary to prepare the
case for trial. The law allows unlimited pretrial detention.
Bail is set only in cases of embezzlement or similar crimes
involving financial wrongdoing.
In general, the prescribed procedures for arrest and
imprisonment are followed in criminal cases, although
proceedings may be affected by the lack of a well-trained
judiciary. In political security cases, however, procedural
requirements are sometimes ignored. In all cases, time limits
for issuance of arrest warrants and appearance before a
magistrate are often exceeded, usually due to a shortage of
magistrates and prosecutors.
The constitutional commission remarked that arbitrary arrests
and prolonged preventive detentions still exist. Three
American law professors, who did extensive judicial consulting
in July and August, confirmed that persons are detained before
trial without prosecutorial or judicial review. The Ministry
of Justice has expressed concern about this problem and is
reportedly considering remedies to correct the situation.
In 1991 the Government cracked down on members of opposition
groups (see Section 3), both legal and illegal, when they were
suspected of supporting antigovernment activities. One member
of the opposition party, the Front for Democracy in Burundi
(FRODEBU) spent 3 months in prison — from May to July — for
possession of antigovernment literature. In August the
Government began detaining supporters of the illegal opposition
group PALIPEHUTU for agitation and possession of antigovernment
literature. The detainees included the vice president of the
group. The Government acknowledged that, prior to the outbreak
of violence in November, it had arrested 60 persons for
activities against the Government. These persons have not yet
been charged, and the cases have not yet gone to trial. There
are divergent estimates of the number of additional arrests
made during the violence in November, but the number could
presumably be in the hundreds. Once again, charges have not
been filed, and the cases have not been brought to trial.
However, the Government has stated that all those arrested will
be tried under existing criminal laws.
35
BURUNDI
During the course of 1991, some members of the Jehovah's
Witnesses were arrested by local authorities for refusing to
comply (on religipus grounds) with local government
directives. No charges were filed, and all were released
within 48 hours.
The Government does not exile its nationals as a means of
political control. However, since 1987 ex-president Bagaza and
his wife have been denied permission to return to Burundi,
although the Buyoya Government has stated that it is willing to
negotiate the conditions of their return. In 1991 Mrs. Bagaza
attempted to return secretly, using a false name and passport,
but was not allowed to land in Burundi. The Government
reiterated its willingness to negotiate her return. Three
Bagaza daughters, all minors, remain in Burundi with relatives;
they are free to leave, however.
e. Denial of Fair Public Trial
The judiciary is not independent; it is expected to adhere to
the guidance and recommendations of UPRONA, the Government, and
the President. In practice, there is a high degree of autonomy
in the court's daily administration of justice. The President
has the power to pardon or reduce sentences. In cases of major
political interest, the Government occasionally intervenes in
the judicial process.
Military and civil/criminal cases are dealt with in separate
court systems. Military tribunals have jurisdiction only over
military personnel and persons suspected of committing crimes
against the military. A separate state security court which
had jurisdiction over both civilian and military personnel in
cases involving state security was abolished in 1991, and its
cases will now be handled by the appropriate criminal or
military court.
The judicial system consists of the Supreme Court, the courts
of appeals, the administrative courts, the Labor Court, and the
Court of Accounts. The latter Court investigates and
prosecutes cases of official corruption; to date most of its
cases have involved actions that occurred under the previous
regime. Pretrial proceedings, which are not public, are
conducted by the Government and may involve lengthy
investigations. Most cases do not involve an effective
independent defense due to a shortage of lawyers and resources
on the part of the accused.
The courts are hampered by a shortage of legal personnel and a
heavy case load. Currently, systemic problems with
dissemination of information, new presidential decrees, and
Supreme Court decisions mean that the law is not equally
applied in all cases. Upcountry magistrates, in particular,
often have access to only a single volume of 1970 laws.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence
The inviolability of the home and of private correspondence
were provided for in the suspended constitution and are still
respected in practice. A judicial warrant is required for a
law enforcement official to enter and search a private
residence. The state security office monitors political
dissidence through the state security police and by employing
informers who report on discontent and dissent as well as on
36
BURUNDI
criminal activity. Membership in the UPRONA party is not
required by law.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
There are significant restrictions on speech and press
freedoms. The Buyoya regime has permitted public debate on
formerly taboo subjects, such as ethnic relations and official
corruption; however, debate is largely confined to UPRONA party
meetings, the forum for dialog officially encouraged by the
Government. Criticism outside party forums is restricted.
Possession of opposition political tracts is a punishable
offense, e.g., seven members of the FRODEBU opposition party
were arrested and imprisoned in 1991 for possession of such
tracts (see Section l.d.).
The Government regulates domestic print and broadcast media. A
French-language daily and a Kirundi-language weekly newspaper
are published by the Ministry of Information, which also
operates the domestic radio and television stations. The
official media supports the fundamental policies of the party
and the Government. While some criticism of the Government is
permitted, journalists are state employees and subject to
disciplinary action if their criticism goes beyond what is
considered tolerable. The Government has interfered on
occasion with the distribution of foreign news publications and
censored sexually explicit foreign film material or
publ ications .
In 1988 a liberalized ordinance authorized private print media
in Burundi, provided they have prior authorization from the
Ministry of Information. Private broadcast media are not yet
authorized. Two news publications emerged, one a Catholic
biweekly in Kirundi and the other a monthly magazine published
in French by an association of Burundian intellectuals.
Although these publications debate multiparty versus single
party political systems and have been critical of UPRONA, they
appear to refrain from taking genuinely controversial positions
on critical issues.
Academic freedom is limited; primary and secondary
schoolteachers are expected to support government policies.
Professors at the University of Burundi come from a wide
assortment of national backgrounds. They are generally
permitted to lecture freely in their subject areas, conduct
research, and draw independent conclusions, but they do not
concern themselves with domestic politics.
b. Freedom of Peaceful Assembly and Association
These rights are restricted. No political meetings or
associations other than those tied to UPRONA are currently
permitted, although some are tolerated within limits. A number
of Burundian intellectuals are openly supportive of the FRODEBU
opposition party, without, apparently, suffering for it.
Informal gatherings and some criticism is permitted; however
the PALIPEHUTU party, considered by the Government to promote
ethnic division, is illegal, and its activities are not
tolerated. In August, eight PAI IPEHUTU supporters were
arrested and imprisoned for agitation, as a result of holding
an illegal meeting.
37
BURUNDI
c. Freedom of Religion
For the most part, the Buyoya Government has reversed the
repression of religious expression under the previous regime of
Colonel Jean-Baptiste Bagaza. Buyoya has freed religious
prisoners, reopened closed churches, returned confiscated
church properties, including houses and schools, authorized
workday religious services, reinstituted the activities of the
catechists, and authorized church schools (including seminaries
and literary and catechism classes), publications, and
broadcasts. Those missionaries who were expelled have been
allowed to return, and there are no restrictions on new
missionaries for authorized churches. Since more than 60
percent of the population is Catholic, the Catholic Church
plays an important role in the development of the country and
in the lives of both rural and urban Burundians.
Religious organizations, subject to the same rules and
restrictions that apply to secular organizations, must obtain
approval from the Government to operate in Burundi, and a
Burundi citizen must be designated as legal representative of
each organization. The approval process, which includes an
investigation of the association's activities in its home
country, can be lengthy. The Government has legally recognized
the Seventh-Day Adventist Church and has restored its
confiscated properties.
However, the pattern of arrests and harassment of Jehovah's
Witnesses continued in 1991, despite the June 1990 visit of an
international delegation of Witnesses. The Government still
has not granted the group legal status, allegedly because of
Witnesses' refusal to acknowledge secular authority.
Religious groups may not engage in political activity critical
of the Government. There are no barriers to the maintenance of
links with coreligionists in other countries. Participation in
religious life does not exclude membership in the UPRONA party
or eligibility for social benefits.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Government has not instituted nationwide restrictions on
internal travel since the after.math of the August 1988 ethnic
violence. Since that time, local travel has occasionally been
restricted in areas experiencing unrest. The Government's
policy is to discourage urban migration through rural
development programs and a public education campaign. A
voluntary resettlement program exists to promote migration from
densely populated areas to parts of the country where more land
is available.
Foreign travel and emigration are relatively free. In 1990 the
Government abolished the requirement that Burundi citizens who
travel abroad must surrender their passports to the immigration
office on their return to Burundi. Citizens are not required
to have passports for journeys to neighboring areas of Rwanda
and Zaire. Foreigners residing in Burundi must have exit visas
to leave the country.
All but approximately 800 of the more than 50,000 Burundi
citizens who fled to southern Rwanda following the August 1988
ethnic violence have returned voluntarily to their homes. The
United Nations High Commissioner for Refugees (UNHCR) is
continuing to work with those who wish to return home. In a
BURUNDI
special repatriation effort, the Burundian Government and the
UNHCR are working to make possible the voluntary repatriation
of Burundians who fled to other countries following the 1972
outbreak of ethnic violence. More than 150,000 Burundians left
the country at that time. Approximately 17,000 returned during
1991, but an additional estimated 40,000 fled to Zaire or
Rwanda as a result of the November violence.
The current official estimate of Burundi's refugee population
is 269,000, most of whom are Rwandan Tutsis who have resided in
Burundi since the 1960's. These refugees, for the most part,
have been integrated into Burundi society and no longer require
assistance from the UNHCR. No refugees were forcefully
repatriated in 1991; however, some refugees reportedly joined
the Rwandan Patriotic Front in the armed conflict in Rwanda.
Several refugees, with assistance from the UNHCR, were
resettled from Burundi to other countries. In 1991, 18
Rwandans and 1 Zairian were resettled in Canada, and 32
Somalians who had arrived in Burundi in 1989 were resettled in
the United States. Some 20 Somalians remain in Burundi under
UNHCR auspices.
The Government occasionally repatriates Rwandans and Zairians
who lack residence permits, or who have been arrested on
suspicion of criminal activities. At present, Burundi
citizenship may only be acquired through birth from Burundi
parents or by marriage, but the Government is considering the
question of naturalization.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens do not have the legal right to change their
government. In August the constitutional commission,
presenting its report, called for wide public participation in
the creation of the new constitution. It also called for
public debate its recommendation that Burundi adopt a
multiparty system. Since the release of the report, government
officials and members of the commission have conducted public
meetings in localities throughout the country and met with
interest groups to solicit comments. Opposition groups have
criticized this process and called for a national conference to
assure more open and free debate.
Political participation currently takes place only within the
one-party structure of UPRONA, and voters can express
dissatisfaction only by voting against incumbents for party
positions. The party is open to all Burundi citizens
supporting its principles and, with its youth, women's, and
labor affiliates, claims a membership of over three-quarters of
the adult population. However, many registered party members
are inactive.
While the report of the constitutional commission calls for the
development of a multiparty system in Burundi, its
recommendations also make it clear that, now and in the future,
parties will be allowed to operate only as long as they do not
violate prohibitions against activities or literature calling
for ethnic identification. The Government took the position
that any action or literature which challenged the concept of
national unity or called for ethnically based political
movements represented an illegitimate challenge to the
Government. At the end of 1991, UPRONA remained the only legal
political party in Burundi. However, during the year the
Government tolerated some activities on the part of parties
39
BURUNDI
which apparently were not considered a serious threat to the
Government or the principle of national unity. These parties
include FRODEBU, -the Movement for Peace and Democracy, the
Party of the People, and the Royalist Party.
In contrast to its relatively tolerant attitude toward these
parties, the Government took aggressive action against the
PALIPEHUTU Party during 1991. The Government accused the party
of openly fostering ethnically based divisive politics as well
as supporting violence against the Government. Numerous party
members were arrested.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
In 1991 two local human rights groups were officially
recognized by the Government. While these organizations are
apparently free to conduct investigations and publish findings,
their activities and effectiveness have thus far been limited
by a lack of experience and resources and by the Government's
lack of procedures for handling requests for information and
permission to carry out monitoring activities.
The Government allows international and nongovernmental
organizations to investigate human rights conditions in
Burundi. After initially rejecting calls for an international
investigation into the August 1988 ethnic violence, it allowed
an extensive survey of conditions in the affected areas by U.N.
representatives. An Amnesty International delegation visited
Burundi in June 1989, primarily to investigate the status of
the detainees arrested in the aftermath of the violence.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Historically, the minority Tutsi (14 percent) have dominated
the majority Hutu people. Serious civil strife resulting in
thousands of deaths has erupted between the two groups several
times in the modern era, most recently in April 1972 and August
1988. In both instances, a large majority of the victims were
Hutus. Following the 1988 ethnic violence, the Government,
with the support of the international community, moved rapidly
to try to restore ethnic confidence, including the appointment
of a national unity commission to recommend fundamental ethnic
reforms .
However, de facto discrimination by Tutsis against Hutus
remains in many areas of society, although it is not condoned
by law. There are very few Hutus in the army, and they are
seriously underrepresented in the civil service and university
positions. The Tutsis have traditionally had better access to
educational opportunities. As a result of recent reform
efforts, Hutus have made inroads into the civil service. The
number of Hutus now exceeds the number of Tutsis entering
secondary school, which represents progress compared with past
years but still remains greatly disproportional . The pace of
integration in the military remains slow. Tutsis dominate the
modern economic sector, while in rural areas economic
opportunities are roughly equivalent for both groups.
Women hold a secondary position in Burundi society, based on
traditional patterns. The suspended constitution provided for
legal , equal ity, and this continues to be respected in
practice. The current legal code prohibits polygamy and a
40
BURUNDI
dowry requirement, allows women some control over family
matters, and provides for land inheritance by women. However,
legal restrictions persist, including the provision that a
married woman may not start a business without her husband s
permission. Fewer women than men obtain formal education;
according to U.N. data, females get one-third of the schooling
of males. Once a woman obtains a degree, she can generally
find suitable employment. The Government has not discriminated
against women in hiring, and the civil service pay scale makes
no distinction between men and women. However, women are not
significantly represented in business, the professions, or at
higher levels of government, though the situation has improved
in recent years.
Violence against women, especially wife beating, is known to
take place, but the extent of the violence has not been
documented. While police do not normally intervene in domestic
disputes, severe cases are dealt with by the legal system. The
Government officially discourages violence against women and
addresses the problem largely through the Burundi Women's
Union, which provides counseling and, when deemed necessary,
referral to legal authorities.
Section 6 Worker Rights
a. The Right of Association
Up to the end of 1991, workers did not have the right to freely
form and join labor unions. The UPRONA party controlled the
National Trade Union Confederation (UTB) and supported it
through direct and in-kind subsidies. Its leadership was
appointed by the President. No other unions were allowed by
law. On December 30, as part of its move to a multiparty
system, the Government dissolved the UTB, defining its 18
subgroups as politically and financially independent unions,
organized by trade. The Confederation of Free Unions of
Burundi (CSB), with an elected chair, was created as an
administrative umbrella organization. While not all issues
concerning the new unions' structure and rights have been
resolved, they and the CSB face the immediate challenge of
supporting their activities based solely on worker
contributions. Labor policy has been and will continue to be
formulated by the National Labor Council, on which employers,
organized labor, and the Ministry of Labor are represented.
The Council debates labor issues and makes policy
recommendations to the Government.
Strikes are permitted only if authorized by the Ministry of
Labor after negotiations have failed, and advocacy of an
unauthorized strike or lockout is a criminal offense. There
have been no authorized strikes in recent years. Public sector
employees have not been allowed to strike. The UTB was
affiliated with the Organization of African Trade Union Unity.
b. The Right to Organize and Bargain Collectively
Workers did not have the right to organize outside the UTB
until the end of the year. Prior to December 30, collective
bargaining was supervised by the Government. There were no
limits on the issues which could be bargained between the UTB
and the employers, but the two sides were bound by the
guidelines on wage and working conditions guidelines
established by the National Labor Council and approved by the
Government. To resolve labor disputes outside of collective
bargaining situations, a three-step process was available:
41
BURUNDI
direct employer-employee negotiations under the auspices of the
UTB; an administrative hearing before a government labor
inspector; and a legal proceeding before the Labor Court (or an
administrative court, in the case of public employees), in
which the UTB represented the employee (whether a union member
or not). The UTB was often successful in forcing employers to
change their practices through this process. The UTB estimated
that it had between 80,000 and 100,000 members, or
approximately 50 percent of the country's wage-earning
employees. Antiunion discrimination is prohibited by law and
is not a problem in practice because of the protections
provided to employees under the Labor Code.
There are no export processing zones in Burundi.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is forbidden by law and is not
practiced. The International Labor Organization's (ILO)
Committee of Experts (COE) has regularly noted that various
legislative provisions that call for imprisonment and an
obligation to work as punishment for expressions of political
views contrary to those of the party are not in compliance with
ILO Convention 105. The COE has also noted that provisions
concerning agricultural ordinances are in violation of ILO
Convention 29. The UTB stated that, while many prisoners do
agricultural or artisanal work to help feed themselves, there
is no compulsory convict labor in Burundi.
d. Minimum Age for Employment of Children
In the modern, urban sector of the economy, children under the
age of 16 may not be employed in any capacity. Enforcement of
this minimum age by inspectors from the Ministry of Labor is
lim.ited. As a practical matter in this poor, largely rural
country, many children are obliged by custom and circumstance
to help their families in subsistence agriculture. Many urban
children engage in small-scale street trading and other
activities to supplement the family income.
e. Acceptable Conditions of Work
Over 90 percent of the population of Burundi is engaged in
subsistence agriculture. Minimum labor standards are
established by the National Labor Council and promulgated by
the Government in the Labor Code, but these standards have
relevance primarily for workers in the small wage sector of the
economy. The established minimum wage rate is inadequate to
provide a decent living for urban families, who frequently
supplement their income through family gardening or petty
commerce .
The maximum workweek is fixed by law at 45 hours. In the
modern economic sector, minimum health and safety standards are
incorporated in the Labor Code and are monitored by the
Ministry of Labor. The number of safety inspectors is
insufficient to enforce these standards effectively.
42
CAMEROON
Political power in Cameroon is concentrated in the Presidency
and a single party, the Cameroon People's Democratic Movement
(CPDM) . President Paul Biya is Head of State and president of
the CPDM. He makes all major decisions and appoints all senior
government and party officials. Members of the 180-deputy
National Assembly may initiate bills and amend measures
proposed by the Government. However, in practice, provisions
the Government finds inimical are never brought to a vote by
the full house. Cameroon's political system is influenced by
its ethnic and linguistic diversity, which comprises 230
languages and major dialects and 3 separate European colonial
traditions (German, French, and British). Balance among the
various groups is required to maintain political cohesion,
which acts as a check on government power .
Internal security responsibilities are shared by the national
police, the national intelligence service (CENER), the
gendarmerie, the Ministry of Territorial Administration
(MINAT) , military intelligence (SEMIL), the army, and, to a
lesser extent, the presidential security service. MINAT is in
charge of prisons, and its local-level officials (prefects)
play a key role in ensuring order. The gendarmerie and the
police have the dominant role in enforcing internal security
laws. In the 7 of the country's 10 provinces which experienced
significant unrest during the year, all security forces were
under the nominal command of an "operational commander" from
late May until early December. In 1991 there were numerous
credible reports of human rights abuses committed by security
forces .
Cameroon's per capita gross domestic product (GDP) of about
$1,000 in 1989 placed it among the lower middle-income
developing countries, a slight decline from 1988. Preliminary
data indicated that GDP declined again in 1991. Cameroon's
food self-sufficiency helps mitigate the effects of declining
terms of trade and other external difficulties.
The human rights climate in Cameroon deteriorated sharply in
1991. In several cases, there was evidence of government
tolerance for human rights abuses and throughout much of the
year of government inaction in the face of widespread,
continuing abuses. Continuing human rights abuses included
extrajudicial killings, torture and other mistreatment of
prisoners, harsh prison conditions, repeated arbitrary arrest
and detention, restrictions on freedoms of speech and assembly,
and limitations on women's and worker rights. Starting in the
spring, there were a number of serious incidents and abuses,
some of which caused many civilian deaths. Beginning in April
with student protests and continuing with general strikes
called by the opposition, public demonstrations often met
brutal repression by security forces. In addition, the
Government banned six associations, closed newspapers it found
troublesome, and harassed the political opposition, using
arbitrary arrest and detention and administrative
restrictions. This repression abated somewhat at year's end.
Responding to pressure for reform. President Biya in October
announced that multiparty elections to the National Assembly
would be held in 1992, in accordance with procedures developed
in coordination with the opposition political parties.
However, sharp disagreements between the Government and the
opposition, and within the opposition itself, left it unclear
at year's end whether a date could be agreed on. During the
year, the Government legally recognized over 40 political
43
CAMEROON
parties, permitted the return of a number of political exiles,
and released over 100 persons imprisoned for political reasons
or who had never been tried.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were over 100 instances of extrajudicial killing in
Cameroon during 1991. These instances varied widely, from
police beating a baker to death in Mbouda to mob lynching of a
gendarme in Douala and to ethnic clashes in Meiganga. Often
the deaths occurred during the heat of a confrontation between
security forces and crowds protesting against government
policies. Victims included security officers as well as
civilians .
Among the many examples was the incident at Yaounde University
on May 6. Students and many others claim that at least 3 and
as many as 20 students were killed after the gendarmerie
intervened to break up a meeting of a student organization. A
government-named special commission found no evidence that
security forces had killed anyone, but many persons claim that
fear of retribution kept potential witnesses from providing
testimony that would have constrained the commission to find
otherwise .
In mid-April confrontations between security forces and
political demonstrators led to between two and nine deaths in
Ngaoundere, capital of Adamaoua Province. A son of the local
traditional ruler and at least one security officer were among
those killed. Following a night of disorder on April 19,
including vandalism and some physical violence, a young woman
who was 5 months pregnant was brutally tortured and sexually
abused by security forces, leading to her death (see Section
I.e.).
Credible reports indicated that the authorities in the Adamaoua
Province town of Meiganga exploited longstanding ethnic
tensions in an effort to break the opposition-led general
strike, known as "Operation Ghost Towns." In mid-July these
tensions boiled over into an interethnic skirmish which left at
least 40 dead. As far as is known, there was no investigation
into the circumstances leading to this tragedy or of the many
instances of killings by security forces during 1991.
In early September, a retired archbishop was strangled at his
home in Ngaoundere shortly after he met with President Biya.
It is widely believed that political motives prompted the
murder; however, the police investigation was neither energetic
nor thorough and has not produced any suspects.
b. Disappearance
Various sources reported that between 53 and 68 students
disappeared following the May 6 incident at Yaounde
University. All but one of these persons were accounted for
soon thereafter by a special commission. The unreliability of
student registration rolls complicated efforts to follow up on
allegations of disappearance.
44
CAMEROON
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Although the Penal Code proscribes torture, renders
inadmissible in court evidence obtained thereby, and prohibits
public servants from using force against any person, there were
many credible reports of security forces inflicting severe
beatings, systematic torture, and other inhumane treatment
during 1991. Sanctions against those responsible are almost
unknown. Investigations are rare because abused persons
frequently fear reprisals against themselves and their families
in the event they lodge a complaint. Prison conditions are
abominable, though overcrowding in the major Douala and Yaounde
prisons eased somewhat in 1991.
Among the examples of brutality by security forces and of harsh
prison conditions was the case of the pregnant woman mentioned
in Section l.a. Prior to her death, she told a Western
diplomat that she had suffered repeated mistreatment, including
regular, severe beatings, denial of food and exercise, and, on
the first night in prison, being forced to strip naked and
share a 12 square-meter cell with 20 naked male prisoners.
Shortly after making these reports, she was returned to
Ngaoundere Prison, where she was reportedly interrogated about
her discussions with the Western diplomat and subjected to
further mistreatment, including being repeatedly raped. When
she fell into a coma, she was returned to the hospital, where
she died, chained to her bed.
Other examples included severe police beatings in January of a
group of persons demonstrating peacefully for the release of
political prisoners in Garoua, capital of the North Province.
They had disobeyed an order to disperse and sat on the ground.
The responsible civil administrator was later transferred to an
equivalent position in another area. Following unrest in
Yaounde on April 2, state television showed security officers
beating the bottoms of the feet of two prisoners seated on the
ground. An article in the government-owned newspaper reporting
the trial of a man suspected of stealing a sewing machine
stated in part: the suspect "denied that charge... but he later
succumbed to the allegations under torture." On another
occasion, the government newspaper reported that an angry mob
burned the houses of six gendarmes after the security officers
beat five suspects about the feet and legs so badly that the
men could no longer walk.
In another instance, in the town of Mora, gendarmes beat dozens
of suspects following arson attacks on their homes provoked by
the May 16 shooting death of a local youth. In several cases,
heads of households were stripped naked in front of their wives
and children by gendarmes and police, a practice calculated to
inflict special humiliation in this heavily Muslim area. Naked
prisoners at the gendarmerie brigade in Mora were crowded in
large numbers into a small holding cell devoid of sanitary
facilities. At least 30 persons were later transferred to the
gendarmerie legion headquarters in Maroua, where gendarmes
subjected the detainees to beatings and other torture and
degrading treatment twice each day for 15 days. Prisoners were
kicked, had the bottoms of their feet beaten, were swung from
the wrists and ankles, were ordered to pray and then beaten
about the head for so doing, and were compelled to engage in
acts of sodomy. Many showed scarring on wrists, hands, and
lower legs consistent with the type of mistreatment they said
they suffered. Some had medical certificates describing their
injuries .
45
CAMEROON
Security forces grossly mistreated opposition figures
throughout the year; there was no evidence of government action
or intention to put an end to it. On July 5, military, police,
and gendarmes sealed a group of opposition leaders inside the
private home of Cameroon Democratic Union President Adamou
Ndam-Njoya. As others arrived to join the meeting, they were
forced to undergo humiliating treatment. For example,
according to an eyewitness report, one leader of a minor party
was forced to walk the length of the street on his knees,
resulting in ruined trousers and bloody knees.
In another incident, members of several opposition political
parties were meeting on the premises of a Douala computer
assembly company on August 4 when police and gendarmes entered
the compound firing guns and tear gas canisters. Also present
and armed were a local administrative officer and an official
of the ruling CPDM. Those captured were split into two groups,
one of which was taken to the gendarmerie legion headquarters
where eyewitnesses report they saw about 100 naked men and
women being forced to walk on knees and elbows across gravel
for over an hour. After 2 nights spent in the mud and rain,
the prisoners were split into groups of about 20 and placed in
underground cells about 20 meters square with.no beds and only
a sink for plumbing. After 7 days, they wer-e moved to
windowless cells in another location, where they were forced to
sleep in a mixture of excrement and water in small cells
lacking plumbing of any kind. During this time, one female
detainee was denied access to her child to breastfeed it.
On August 21, following a confrontation between security forces
and the opposition Social Democratic Front (SDF) in Bafoussam,
10 soldiers badly battered a number of civilians, prompting the
Catholic Bishop to protest to the West Province Governor. In
response to inquiries concerning this incident, Douala
authorities claimed those detained were linked to an arson
attack; however, no one was ever charged.
On September 23 and 24, authorities in Douala took into custody
24 opponents of the Government (see also Section 2.b.). Though
they were released within 2 days, most suffered serious
mistreatment while in detention. Samuel Eboua, President of
the National Union for Democracy and Progress (UNDP) and lawyer
Charles Tchoungang were among those hospitalized as a result of
having been severely beaten with iron rods and rubber
truncheons. Progressive Movement (MP) Party President
Jean-Jacques Ekindi, who was placed under house arrest and
denied access to visitors for an additional day after his
release, received even harsher treatment.
d. Arbitrary Arrest, Detention, or Exile
Arbitrary, prolonged detention remains a serious problem.
Under Cameroonian law, a person arrested for a nonpolitical
offense may be held in custody up to 24 hours before being
charged. The period may be renewed three times. However,
after a magistrate has issued a warrant to bring the case to
trial, the detainee may be held in "pretrial detention"
indefinitely pending court action. Furthermore, a 1990 law
permits detention without charge for renewable periods of 15
days "in order to combat banditry." During 1991 public
officials sometimes abused this authority in order to suppress
political expression. The number of arbitrary detentions that
took place during 1991 is impossible to estimate accurately but
may have exceeded 10,000.
46
CAMEROON
A presidential decree reducing sentences for many crimes, an
amnesty law voted by the National Assembly in April, and the
conclusion of an effort by the Ministry of Justice to clear the
prisons of persons being held for reasons no longer known, cut
the national prison population significantly and resulted in
the closure of three notorious political prisons. The amnesty
law brought about the release of the last of the prisoners held
in connection with the failed 1984 coup attempt. In the Center
Province alone, the Justice Ministry's initiative reduced the
number of persons in pretrial detention (i.e., awaiting trial
or whose cases were on appeal) from 2,568 to 671.
Persons taken into detention are frequently denied access
either to legal counsel or family members. The law permits
release on bail only in the Anglophone provinces, whose legal
system retains features of British common law. Even there,
bail is granted infrequently. CENER and SEMIL do not implement
fully the penal code requirement that detainees be brought
before a magistrate for investigation of possible offenses and
have held detainees incommunicado. Persons placed in
administrative detention or taken into custody by security
forces do not disappear. They are eventually released, though
the families are not always informed promptly of their
whereabouts. The law does not provide for judicial
determination of the legality of detention, and judicial
authorities are precluded from acting on a case until the
administrative authority who ordered the detention turns the
case over to the prosecutor.
On August 29, the Lamido of Rey Bouba, a powerful traditional
ruler who had traveled to Garoua to welcome President Biya to
the North Province capital, took 50 local residents hostage
after Garoua youths stoned his motorcade. In spite of pleas
from local authorities, the Lamido refused to release the
hostages until after his return to Rey Bouba. During the time
the Lamido was holding the hostages. President Biya decorated
him for service to the nation.
Cameroon does not generally engage in the practice of forced
exile, and many prominent exiles returned to Cameroon in 1991.
e. Denial of Fair Public Trial
The Cameroonian court system is subordinate to the Ministry of
Justice. Thus, it is part of the executive, not a separate or
independent branch of government. Magistrates in Cameroon are
career civil servants responsible to the Minister of Justice,
and they are subject, particularly in political cases, to
government direction. Numerous magistrates have commented that
rendering a decision that displeases the Government may result
in transfer to a less desirable position. However,
magistrates' decisions in nonpolitical cases are not usually
subject to government interference. There have been reported
cases of the Government refusing to pay damages when a court
has found against it. Public trial by a presiding magistrate
is provided for in law, and this practice is followed except in
the case of persons held under administrative detention. In
late 1991, Minister of Justice Douala Moutome several times
enjoined his Ministry's officials to be fair and impartial in
the conduct of their duties.
Traditional courts continue to play an important role in
Cameroon, particularly in rural areas. Their authority varies
by region and by ethnic group, but they are often the arbiters
of property and domestic disputes and may serve a probate
47
CAMEROON
function as well. Most traditional courts permit appeal of .
decisions to traditional authorities of higher rank.
Civilians accused of subversion or weapons offenses are liable
to trial before the State Security Court, which was established
by a law enacted in late 1990. This Court has seven members,
five of whom must be trained magistrates; these were not
appointed until November 14, so the Court has not as yet heard
any cases. This Court's ruling may not be appealed except with
respect to a point of law. There were no known political
prisoners being held at the end of 1991.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
While both invasions of the home and tampering with
correspondence are violations of Cameroonian law, there have
been frequent reports of police harassing citizens and entering
homes without warrants during periodic searches. This practice
was particularly widespread in neighborhoods near Yaounde
University in April and May and in Douala in August and
September. Police officials also sometimes enter homes and
demand to see receipts for household property as a customs law
enforcement measure. Surveillance of suspected dissidents and
the monitoring of their mail and telephone conversations are
common practices.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Although the Constitution of 1972 provides for freedom of
expression and of the press, Cameroonian law and practice have
long restricted these freedoms. While there are no overt
restrictions on private speech, some civil servants in 1991
reported having been subjected to involuntary transfers,
suspension from their duties, and other administrative
sanctions as a result of their membership in or support of
opposition political parties. Such actions appear to have been
at the initiative of overzealous supporters of the Government
or ruling CPDM and do not appear to be derived from government
policy.
In late 1990, a new law established more liberal regulations
for the creation of newspapers and magazines and opened the
door to eventual private broadcasting. That same law, however,
formally enshrined prepublication censorship and granted the
Minister of Territorial Administration authority to suspend the
right to publish. While censorship and suspensions may be
appealed, the competent court is not obliged to rule until 1
month has elapsed--with obvious ramifications for
time-sensitive media.
The Government publishes two official newspapers — the English
and French editions of the Cameroon Tribune--and controls radio
and television (the most important media). Most official
journalists are civil servants who may be transferred to less
desirable positions if they do not practice self-censorship. A
number of television journalists were taken off the air in 1991
following incidents in which they implied disagreement with
government actions. The government-controlled broadcast media
also provided disproportionately high levels of coverage to
even minor CPDM functions while blacking out the most important
oppostdon events.
48
CAMEROON
The press was subjected to repeated attacks during 1991. In
January two journalists, including prominent essayist Celestin
Monga, were arrested and charged with having insulted the
President, the l.'ational Assembly, and the judiciary in an "open
letter" to President Biya. The arrests and trial provoked an
international outcry and led to the first massive
antigovernment demonstrations in Douala since independence.
The journalists were convicted and given token sentences, but
censorship was subsequently relaxed for several months.
Censorship returned with a vengeance in June and July as
seizures of newspapers multiplied rapidly. Even cartoons were
censored. when one newspaper attempted to publish the second
in a series of articles concerning the report on Cameroon in
the U.S. Department of State's Country Reports on Human Rights
Practices for 1990, the entire page was censored. Although the
law requires that publishers be notified of seizure orders,
that prescription was seldom followed in practice, and security
forces frequently entered kiosks and bookstores and confiscated
copies of putatively offensive publications without formal
authority.
On July 22, Minister of Information and Culture Augustin
Kontchou Kouomegni set up a special newspaper reading unit at
the national printing company charged with detecting and
censoring anything the Government deemed unworthy of
publication. Legally, this Ministry has no authority to censor
anything, but neither President Biya nor Prime Minister Hayatou
ordered Kontchou to dismantle the unit. Many publishers began
to print their newspapers in Nigeria, and the Government
continued its policy of seizures. Foreign publications
imported into Cameroon are also occasionally seized. In
October the Ministry of Information and Culture proposed a code
of ethics for journalists and a draft law governing the
exercise of the journalistic profession. The proposals angered
journalists, who viewed them as another heavy-handed government
attempt to censor them.
After one newspaper published a document establishing that
gendarmerie authorities in Douala had taken protection money
from local merchants. Minister of Territorial Administration
Gilbert Andze Tsoungui banned three independent newspapers.
The newspapers responded by changing their names and continuing
to publish. The Minister promptly banned the new
publications. In mid-November, the bans on six of the (by that
time) seven banned papers were lifted as part of an agreement
between the Government and the opposition. On September 4,
security forces in Douala attacked a group of journalists and
other citizens protesting the banning of independent newspapers
and invaded the offices of La Detente, where some of the
protesters had taken refuge. Employing rubber truncheons and
firing live ammunition and tear gas, the security forces
brutally took some 40 persons into custody for several hours.
Several of those detained reportedly suffered serious injuries,
including broken limbs and at least one gunshot wound.
There are no restrictions on academic freedom, though it is
generally believed that CENER informants pervade the campus of
the University of Yaounde. Some university professors believe
that their political viewpoints and activism have had a
negative impact on professional opportunities and advancement.
49
CAMEROON
b. Freedom of Peaceful Assembly and Association
Freedom of assembly" and association are provided for in law but
are restricted in practice. Laws enacted in late 1990
liberalized Cameroonians ' ability to form private associations
and political parties but did not address the formation of
labor unions (see Section 6.a.). The Penal Code prohibits
public meetings, demonstrations, or processions without prior
government approval. The 1990 law on freedom of association
provided that Cameroonians may freely form associations simply
by notifying the responsible administrative authority according
to a set procedure. The authority is required formally to
acknowledge that notification by issuing a receipt to the
associations' organizers. Barring notification to the
contrary, the group is considered to be a legal entity on the
60th day after issuance of the administrative receipt. In
practice, some administrators refused to issue the receipt
called for by law, providing instead a piece of paper promising
to deliver the receipt at a later date. As a result, a number
of groups were put into a sort of legal limbo, neither
authorized nor refused authorization. In mid-July Minister
Tsoungui banned six groups on the grounds that they had engaged
in activities not foreseen in their charters and had advocated
civil disobedience. The organizations banned were: the
self-described human rights groups, Cap-Liberte, Cameroon
Organization for Human Rights (OCDH), and Human Rights Watch;
the women's rights group. Collective of Women for the New Deal
(CFR); the Cameroon Professional Drivers Association; and the
Sportsmen's Association of Cameroon. Although the law permits
organizations to appeal a banning order, the groups were unable
to commence action for nearly 6 weeks because the Government
refused to provide the official notification of banning
required by the law until about August 22. Meanwhile, law
enforcement and administrative authorities took action to
prevent the groups in question from holding meetings.
Authorities continue occasionally to compel citizens to attend
rallies in support of the Government or the ruling party. In
March, for example, the subprefect for Maroua wrote a decree
ordering traditional rulers in his jurisdiction to participate
in a CPDM meeting, warning that "no absence would be tolerated.'
The 1990 law on political parties established criteria for the
formation of political parties. Although some political party
leaders expressed suspicion that the Government was
unreasonably delaying authorization of their parties, there is
no evidence that government officials failed to respect the
letter of the law in that respect. By the end of 1991, more
than 40 political parties were in existence.
The Government's record on permitting parties to carry out
their activities is not nearly so positive. While the law
calls for 7 days' advance notification to the responsible
administrative authority of any public meeting or march, the
ruling CPDM was on several occasions permitted to schedule
demonstrations on less than 7 days' notice. Opposition
parties, on the other hand, frequently experienced the
frustration of having their marches canceled at the last minute
by civil administrators citing vague threats to public
security. As tensions rose in the period after May 16 — when
the opposition called for concerted action against the central
Government — some prefects banned all demonstrations of a
political nature in their areas of responsibility. However, in
a number of cases, the ruling CPDM was nonetheless permitted to
continue to hold meetings and other functions. For several
50
CAMEROON
months during 1991, the opposition Social Democratic Front
(SDF) sponsored thrice-weekly marches in Bamenda, refusing to
seek the required permit.
c. Freedom of Religion
Cameroon is a secular state. There is no established
religion. Roughly 25 percent of Cameroonians are Muslims, 40
percent are Christians, and the rest follow traditional
beliefs. Some blend elements of Christianity with traditional
practices. Officials of the Government and the CPDM include
members of all three groups. Freedom of religion is provided
for in the Constitution, but a religious group must be approved
and registered with the Ministry of Territorial Administration
in order to exist and function legally. In 1991 a small group
called Universal was banned without explanation in the
Southwest Province. Government officials state that no
Jehovah's Witnesses are imprisoned as a result of their beliefs
and that the Witnesses, banned from 1970 until 1990, are now
free to practice their religion. While there have been
isolated incidents of religious intolerance, the Government
discourages such acts, and most Cameroonians are proud of their
tradition of religious harmony.
The Government does not discourage the practice of traditional
religions. Acts of witchcraft, divination, or magic "liable to
disrupt public order or tranquility, or to harm persons or
property" are outlawed, with potential penalties of up to 10
years' imprisonment. Missionaries played a major role in the
development of Cameroon and continue to be active. Foreign
clergy suffer no ill-treatment. There are no particular
restrictions on places of worship, the training of clergy,
religious education, or participation in charitable
activities. Conversions are common. Independent Christian and
Muslim publications exist in Cameroon, and there is no evidence
they are more heavily censored than is the secular press.
There are no restrictions on religious travel, such as the hajj.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Freedom of movement within the country is not restricted by
law. Police frequently stop travelers to check identification
documents, vehicle registrations, and tax receipts as a
security and immigration control measure. After the onset of
widespread civil unrest in mid-May, the checks became pervasive
and occasionally oppressive. Ordinary citizens were at times
hindered in going about their business by as many as 10
roadblocks within a 100-kilometer stretch of highway.
Personnel manning these roadblocks frequently solicit bribes to
speed passage. Authorities sometimes employed these roadblocks
to limit the activities of political parties. At one time, the
road between Douala and Yaounde was closed for 2 days as part
of a government effort to prevent opposition sympathizers from
traveling to the capital.
The Government has sometimes used its passport control function
against those it considers real or potential threats. Writer
and economist Celestin Monga ' s passport was seized at Douala
International Airport on orders of the national police chief in
late August without legal justification. Monga said he was
told his passport was "a privilege granted to you by the
national chief of police, and he may withdraw it at any time."
During the same period, five opposition leaders had their
planned visit to France in late August disrupted by the
51
CAMEROON
Government's decision to delay their departure through
temporary passport seizures and other administrative means.
After the Bank of Credit and Commerce International (BCCI)
collapsed in late June, many Cameroonian residents of Pakistani
and Indian nationality having no connection to BCCI or its
Cameroonian affiliate were temporarily prevented from traveling
outside the country by confiscation of their passports.
Over the years, Cameroon has served as a safe haven for
thousands of displaced persons and refugees. An estimated
35,000 refugees are currently in Cameroon. The majority are
Chadians who arrived in the early 1980 's and who live,
unregistered, in border areas. In December 1990, an additional
influx of 3,500 refugees entered Cameroon after the fall of the
Habre government in Chad. Most returned to Chad in early
1991. The latest group of Chadian refugees came to Cameroon in
October 1991. Numbering about 1,000, they are being assisted
by the United Nations High Commissioner for Refugees in the
Poll Faro refugee camp. Although Cameroon occasionally returns
illegal Chadian immigrants, there were no reports of forced
repatriation of recognized refugees in 1991.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Major legal changes effected late in 1990, if fully and fairly
implemented, would permit a return to the functioning
multiparty system abandoned in 1966. Throughout 1991, however,
Cameroon continued to be a de facto one-party state with
political power and administrative authority concentrated in
the Presidency. The President appoints all cabinet members,
governors, and prefects. The Prime Minister, whose position
was restored by constitutional amendment in 1991, has
considerable responsibility in the economic sphere but no power
to remove ministers or to deal directly with the National
Assembly. However, the elected National Assembly continued a
recent trend toward playing a more active role in determining
the country's direction.
During the year, many opposition political parties were
authorized. Widespread dissatisfaction with the Government and
the CPDM boosted opposition parties' popularity. A coalition
was formed among the opposition parties which demanded that the
Government hold a national conference. The Government refused,
arguing that such a meeting would be nondemocratic and
extraconstitut ional . In response, the opposition organized a
series of general strikes and acts of civil disobedience, known
as "Operation Ghost Towns," which lasted from mid-May until
early December. In December President Biya promulgated a new
electoral code, which, together with constitutional amendments
enacted earlier, delineates a parliamentary system under which
the Prime Minister would be chosen from the party or parties
comprising the National Assembly's majority. In October
President Biya announced that multiparty elections would be
held on February 16, 1992. At year's end, most opposition
parties were lobbying strongly for a date in late May amid
numerous credible reports of irregularities in the voter
registration process.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
In November President Biya named members to the National
Committee on Human Rights And Liberties which he had created a
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52
CAMEROON
year earlier. At year's end, government officials indicated
that these members would be installed in January 1992. The
decree which established the committee stipulated that it would
act as Cameroon's official link to nongovernmental
organizations concerned about human rights issues.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Access to the Government's social programs is open to all
Cameroonian citizens on a nondiscriminatory basis. President
Biya has repeatedly stressed publicly the dangers of tribalism,
but there remains deep-seated suspicion among ethnic groups, to
which government officials are far from immune. Cameroon is
officially bilingual, but the Anglophone minority (20 percent)
often charges that it is denied economic opportunity and real
political power. The Francophone Bamileke, the country's
largest single ethnic group (also about 20 percent of the
population), level similar charges against the rest of the body
politic. Following unrest at Yaounde University in April and
May, security forces frequently targeted Anglophone and
Bamileke students for harassment solely because of their
linguistic/ethnic affiliation. Most observers agree that
interethnic animosity became more open and more venomous during
1991. Independent newspapers associated with the opposition
frequently attacked the Beti, while those close to the
Government fulminated against the Bamileke, Anglophones, and,
to a lesser extent. Northerners.
Women are granted equal rights under the Constitution, and some
are politically active in the party and the sole legal labor
federation. However, significant cultural pressure is brought
to bear on women to remain subservient to men. Polygamy is
permitted by law and tradition, but polyandry is not. The
extent to which a woman may inherit from her husband is
normally governed by customary law in the absence of a will,
and traditions vary from group to group. In cases of divorce,
the husband's wishes determine custody of children over the age
of six. A married woman may not legally obtain contraceptives
without her husband's consent; neither may she be sterilized
without his authorization. While a man can be convicted of
adultery only if the sexual act takes place in his home, a
female can be convicted irrespective of venue.
In many traditional societies, custom grants greater authority
and benefits to male than to female heirs. The percentage of
female secondary school students increased by 45 percent
between 1970 and 1986. Girls made up 45.7 percent of primary
school pupils in 1986, but that percentage drops to 38.3
percent at the secondary level and to only 14 percent at
university level.
Women's rights advocates report that violence against women has
surged in the past 2 years, and the law does not impose
effective penalties against violators. Wife beating is not, of
itself, a legal ground for divorce. Most women regard having
been the victim of a sexual assault as so profoundly shameful
that they cannot bring themselves to confront the assailant.
The commission investigating the behavior of security forces
during unrest at Yaounde University wrote, "We found that the
chances that there were rapes are very high, but no young woman
presented herself to be heard." Frequently, a victim's family
or village takes matters into its own hands and imposes direct,
summary punishment upon the suspected perpetrator through means
ranging from destruction of property to lynching.
53
CAME ROON
While there are no reliable statistics on the frequency with
which violence against women takes place, newspaper articles
indicate the frequency is high. Female circumcision is not
common in Cameroon-. It is practiced by a limited number of
traditional Muslim families and is almost unheard of in other
groups .
Section 6 Worker Rights
a. The Right of Association
The 1990 law on associations specifically excluded trade
unions, and there is still no law pertaining to the
organization of trade unions. There are reports of at least
three nascent trade unions that find themselves unable to
function fully because of the ambiguity of their status. Civil
servants are not permitted to join trade unions.
The Organization of United Cameroonian Workers (OSTC) , the
umbrella group for the country's officially sanctioned trade
unions, announced during 1991. that, because Cameroon was moving
toward a multiparty system, it had severed its formal links
with the ruling CPDM and would henceforth be neutral within the
context of party politics.
Strikes are authorized only on a few, severely restricted
grounds; likewise, political activity by trade unions, except
for action designed to protect economic and other interests, is
prohibited. Strikes do occur, however, though they are usually
directed at single enterprises and seldom last more than a few
days. Most strikes during 1991 were by employees of
government-owned enterprises seeking payment of overdue wages
and salaries. Most strikes were settled through negotiation,
but the Government showed mixed tolerance for strikers trying
to attract the attention of higher authorities to their
concerns .
The OSTC is a member of the continentwide official trade union
body, the Organization of African Trade Union Unity, but all
contact with foreign trade union organizations requires
government authorization.
The International Labor Organization's (ILO) Committee of
Experts (COE) noted once again in 1991 that various legislative
provisions, which regulate the right of public servants to
organize, restrict their right to strike, and ban foreign
workers from trade union office, are inconsistent with ILO
Convention 87 on freedom of association.
b. The Right to Organize and Bargain Collectively
Although the Labor Code recognizes the right of trade unions or
trade union federations to engage in collective bargaining with
employers or groups of employers, true collective bargaining
between employers and workers is rare. Under the law, all
employers of more than 10 workers must permit the election of a
worker representative from among the employees. This worker
representative has a statutory right to discuss labor
conditions with the employer on behalf of the employees and
enjoys special protection from arbitrary dismissal. Candidates
for these positions must be approved by the OSTC. While the
Labor Code does not provide specific penalties for those who
violate its provisions, it does state that any act in
contravention of its provisions shall be null and void. Also,
54
CAMEROON
employees may, and often successfully do, pursue formal labor
complaints, which often include demands for payment of damages.
There are no export processing zones in Cameroon, but one is in
the formative stages, and others are under consideration.
Legislation enacted to govern operations within such zones
states that "the current terms and conditions of employment
must be consistent with internationally accepted workers'
rights . "
c. Prohibition of Forced or Compulsory Labor
Forced labor is prohibited by the Labor Code. However,
concerns expressed in 1990 by the ILO's Conference Committee on
the Application of Conventions and Recommendations concerning
the use of prison labor (inmates from Cameroon's "production
prisons" are sometimes rented out to private employers as day
labor) remained valid in 1991. There have been reports of
communal labor being employed in some traditional societies.
In December the government-owned newspaper reported that
"slavery is still practiced" in Rey Bouba (see also Section
l.d.).
d. Minimum Age for Employment of Children
The Labor Code sets the minimum working age at 14 — a rule that
appears to be respected and enforced in the modern wage
sector . Inspectors from the Ministry of Labor are empowered to
enforce provisions of Cameroon's Labor Code, as are labor
courts. In rural areas, where 80 percent of Cameroon's
citizens engage in farming, children participate at an early
age in agricultural work alongside adults. In addition, young
relatives, especially girls from rural areas, are often
employed in the household as domestics. Street vendors in
urban areas are occasionally under age 14.
e. Acceptable Conditions of Work
Minimum monthly wages are set by the Government for all public
and private sector jobs and cover a wide range. These rates
are determined by a complex formula which takes into account
geographic location, education, experience, and profession and
type of industry. The Ministry of Labor is responsible for
making the necessary calculations. Most workers in the modern
sector are paid well in excess of the minimum wage. The lowest
wages are insufficient to support a family but usually are
supplemented by a second job or another family member's
earnings. Workers with middle-range wages also are likely to
need second incomes to support a family, especially in Yaounde
and Douala.
Under the Labor Code, the minimum annual paid vacation is 18
days, and the legal workweek ranges from 40 hours for
nonagricultural employees to 56 hours per week for security
guards. In order to make room for younger workers, civil
servants are encouraged to retire upon reaching the minimum
retirement age of 55. The Ministry of Labor sets health and
safety standards, which are enforced by labor inspectors.
Enforcement of standards varies. Labor inspectors will
generally investigate complaints and frequently find for the
complainant. However, many employees are loath to file
complaints, and spot inspections are rare.
55
CAPE VERDE
In 1991 Cape Verde became the first African country to change
governments peacefully following a popular election won by an
opposition party. - Dr. Antonio Mascarenhas Monteiro, an
independent, won over 70 percent of the popular vote in the
February elections and was inaugurated as President in March
1991. The Movement for Democracy (MPD) , headed by Dr. Carlos
Wahnon de Carvalho Veiga, also won over 70 percent of the
popular vote in the January legislative elections. The new
Government, with Carlos Veiga as Prime Minister and concurrent
Defense Minister, was invested in April. Both the President
and the Prime Minister came to office with strong human rights
credentials .
The new Government began in 1991 to reorganize and democratize
the security forces, including disbanding the secret police.
It accelerated preparations to create a coast guard as a
nucleus of a reorganized military force, dedicated to the
protection of Cape Verde's exclusive economic zone and to drug
interdiction. Control of the police and local administration
are being decentralized and will be in the hands of locally
elected mayors and municipal councils. The police force is
being demilitarized and patterned after police forces in
Western democracies.
Cape Verde has few exploitable natural resources, aside from an
attractive climate, a hardworking population (350,000), and a
strategically placed geographic position. Cape Verdeans have a
long history of economically driven emigration, primarily to
Western Europe and the United States. In 1991 Cape Verde,
which is unable to produce enough food to feed its population
in years of optimum rainfall, experienced its worst drought
since 1985, requiring substantial international food aid. The
Government set in motion plans to privatize many of Cape
Verde's state-owned firms and to base future development on the
private sector.
In 1991 the human rights climate in Cape Verde improved
significantly with the change from an authoritarian, Marxist
centralized government. The first decision taken by the Veiga
Government prohibits private or official investigations of
citizens to determine their political affiliation. The
Government's 5-year plan, adopted at the first multiparty
National Assembly session in June, enshrined a commitment to
pluralistic democracy and a basic liberal economic framework.
The new Government disbanded the popular militas and the
popular courts, which had been instruments of party and
government control, and established a human rights commission
to serve as a watchdog against human rights abuses.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reported instances of political or other
extrajudicial killings in 1991.
b. Disappearance
There were no reported instances of disappearances.
56
CAPE VERDE
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Police brutality has not been a problem in 1990 and 1991. In
1991 one of the first acts of the new Government was to disband
the secret police, which had been accused in the past of
abusing prisoners. There was no evidence of torture or other
cruel, inhuman, or degrading treatment or punishment during the
year .
d. Arbitrary Arrest, Detention, or Exile
Cape Verdean law requires that an accused person, unless caught
in the act of committing a crime, be brought before a judge to
be charged within 48 hours of arrest. Additionally, a person
may not be arrested without court order unless caught in the
act of committing a felony. In exceptional cases, with the
concurrence of a court official, the formal charge process may
be delayed up to 5 days after the arrest. These provisions are
observed in practice.
However, for crimes against state security, persons may be
detained for up to 5 months without trial upon a judge's
ruling. Prior to 1991, this loophole was occasionally abused,
especially in cases of arbitrary arrest by members of the
"popular militia," a paramilitary organization associated with
the former ruling party but disbanded by the new Government.
There were no known security detentions in 1991. There is a
functioning system of bail, and everyone is entitled to
representation by an attorney in civil or criminal cases.
There were no known instances of forced exile for political or
other reasons .
e. Denial of Fair Public Trial
The judicial system includes a Supreme Court, whose members are
appointed by the Government, and regional courts. The
autonomous Institute for Judicial Support, to which most
private lawyers belong, provides counsel for indigent
defendants. Trials are conducted by one judge, without a jury,
and appear to be handled expeditiously. Trials are public, and
evidence suggests that the courts protect individual rights in
criminal cases. Verdicts may be appealed. Regional courts
adjudicate minor disputes on a local level in rural areas. The
judges, appointees of the Ministry of Justice, are usually
prominent local citizens without legal training.
Regional court decisions may be appealed to the Supreme Court.
In 1991 it was widely perceived that there had been increased
judicial independence under the new Government. There were no
known political prisoners at the end of 1991.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution recognizes the citizen's rights to the
inviolability of domicile, correspondence, and other means of
communication, and these rights are respected in practice. The
law requires warrants issued by a judge before searches of
homes may be conducted.
57
CAPE VERDE
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution proclaims freedom of speech and intellectual
creativity, including the rights of authorship. However, it
also stipulates that none of these rights and freedoms may be
exercised "contrary to national unity." While freedom of the
press is not a specific constitutional guarantee, a law adopted
in December 1985 assures citizens the right to express their
thoughts in the press in a responsible manner. Although the
term "responsible manner" is not defined in law, no journalist
or newspaper has been punished for actions considered to be
irresponsible. There is no evidence to indicate that
self-censorship is a significant factor in Cape Verde.
Throughout 1991, the most widely read newspaper, the radio, and
the television, all government owned, gave balanced coverage to
government and opposition viewpoints. The first multiparty
National Assembly session was broadcast live in its entirety.
After the new Government was invested, the official newspaper
Vozdipovo dedicated the first page to letters to the editor,
generally half supportive and half critical of the Government.
The Prime Minister announced at midyear that the Government
would no longer subsidize advertisements by state-owned firms
in the major opposition newspaper. The Government said it had
no obligation to subsidize a partisan journal through its
advertising. The move was seen as giving unfair advantage to
the ruling party. Local radio broadcasts carry items from a
variety of international press sources, generally balancing
coverage and identifying sources on controversial international
issues .
b. Freedom of Peaceful Assembly and Association
The 1980 Constitution provided for the freedom to assemble,
associate, and demonstrate; however, in practice these freedoms
were limited to the party meetings and groups in power until
1990. In 1990 the National Assembly adopted a law permitting
political associations to form and assemble publicly, and
subsequently it legalized political opposition parties. By
early 1991, two political parties contested the democratic
elections, the African Party for the Independence of Cape Verde
(PAICV, the Government) and the MPD . Later in 1991, the
Independent and Democratic Cape Verde Union (UCID) was also
legalized as a political party by the Supreme Court.
c. Freedom of Religion
The Constitution requires separation of church and state.
Freedom of worship is respected by the Government; members of
all faiths practice their religion without harassment. Some 80
to 90 percent of the population, including much of the
government leadership, is nominally Catholic.
There are no restrictions on religious practices, teaching, or
contacts with coreligionists outside Cape Verde. Foreign
missionaries operate freely in Cape Verde; more than half of
the Catholic clergy are foreigners. Cape Verdean immigration
law requires that missionaries applying for residence belong to
a denomination with a recognized membership in Cape Verde. In
this context, two American Mormon missionaries were asked to
leave Cape Verde in 1989 after their visitor's visas expired;
however, American Mormon missionaries were readmitted to Cape
58
CAPE VERDE
Verde in 1990, and in 1991 the American Nazarenne Evangelists
opened three new churches. There is also a small community of
Muslims who are free to practice in Praia.
d. Freedom of Movement within the Country, Foreign
Travel, Emigration, and Repatriation
There are no extraordinary legal or administrative restrictions
on travel or residence in Cape Verde. Indeed, the Government
maintains an office to serve intending emigrants. A law
requiring citizens wishing to leave, either temporarily or
permanently, to obtain an exit permit was abolished in late
1991. Permission has not been denied for political reasons.
Historically, emigration has been an important and recognized
means to escape from harsh economic conditions. The Government
maintains close contact with emigre communities and encourages
Cape Verdeans living abroad, including dual nationals, to
maintain ties with their homeland. Nationality laws were
passed in 1990 to permit Cape Verdeans who had accepted a
second nationality to reapply for Cape Verdean citizenship.
Repatriation is a constitutional right that is not discouraged
by the Government. On the other hand, the law allows for
revocation of citizenship on several grounds, including
activities contrary to the interest of the country. However,
there were no known cases of the Government having instituted
proceedings to deprive persons of citizenship or residence in
Cape Verde for political reasons. This includes the period of
the hotly contested legislative and presidential elections in
early 1991, when Cape Verdeans resident abroad challenged the
incumbent Government .
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
After 15 years of one-party, postcolonial rule by the PAICV,
Democracy came to Cape Verde in January 1991. For the first
time Cape Verdean citizens had a clear choice between
candidates, and they flocked to the polls to elect new
legislative leadership. The opposition party, the MPD, won
with over 70 percent of the popular vote. Cape Verdeans
repeated this performance 1 month later, by electing President
Antonio Mascarenhas, over the long-time PAICV incumbent
Aristides Pereira. During the campaign, the victors promised
democracy, scrupulous observance of human rights, and economic
liberalization. Throughout 1991 Cape Verde's new leadership
has made efforts to carry out its campaign promises. Members
of the former government indicated acceptance of their role as
the opposition, and the PAICV began reorganizing itself with
the aim of contesting future elections.
The local elections held in mid-December were the final phase
in freely electing political institutions at all levels of
government. The predominant campaign themes centered on social
justice and a fair distribution of scarce resources. The
elections were orderly, and there was no evidence of electoral
fraud.
Under the former PAICV-dominated government, the Presidency
gained greatly enhanced powers. Specifically, the President is
authorized to appoint and dismiss the Prime Minister subject
only to parliamentary confirmation, to dissolve the National
Assembly, within certain restrictions, and to veto
legislation. An absolute majority is required for the
legislature to override a veto. During the 1991 legislative
59
CAPE VERDE
campaign, the MPD vowed to rewrite the Constitution with one of
the announced aims to diminish presidential powers.
Subsequently, to allow time for public consultations, the new
Governm.ent postponed introducing a new Constitution to the
National Assembly until 1992.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged violations
of Human Rights
While there are no official restrictions, no private human
rights groups have formed to date. In late 1991, the
Government established a human rights commission with the
objective of raising popular consciousness of the need for
respect for human rights at the individual and institutional
levels. Cape Verde has traditionally cooperated fully with
representatives of private human rights organizations who visit
Cape Verde periodically to investigate alleged violations.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Racial discrimination is not a problem in Cape Verde where the
vast majority of the population shares Portuguese and African
ancestry. Sex discrimination is banned by the Constitution,
and the family code, enacted in October 1981, prescribes the
full equality of men and women in law, including equal pay for
equal work. However, traditional male-oriented Portuguese and
African values predominate, and women are, in fact, excluded
from certain types of employment and are often paid less than
men. Educational statistics show 53 percent male/47 percent
female enrollments through secondary school, 30/70 percent in
the technical school, and 55/45 percent in the teachers'
training school .
In 1991 the Government made efforts to involve more women in
political, economic, and social activities. In addition to
naming two women as secretaries of state, women also were
appointed head of the hospital in Cape Verde's second largest
city, head of the largest state-owned enterprise, head of the
national health program, and head of the health program for
Praia, the largest municipality. A conscious effort is made to
employ women in labor-intensive economic development projects
financed by foreign grants. The Organization of Cape Verdean
Women was founded in 1980, with government encovaragement , to
sensitize the citizenry to issues affecting women. It
continues to operate, even though it no longer is subsidized by
the new Government .
Domestic violence against women, including wife beating,
remains common, particularly in the rural areas. Crimes such
as rape and spouse abuse are rarely brought to the attention of
the police or tried in the courts. Neither the Government nor
the womens ' organizations has addressed directly the issue of
violence against women. The Ministry of Health and Social
Affairs has undertaken, with U.S. financial assistance, to
publicize the civil and human rights of women and children.
Section 6 Worker Rights
a. The Right of Association
All workers are legally free to form and join unions of their
choosing, and no longer must belong to the National Union of
Cape Verde Workers--Trade Union Confederation (UNTC-CS) . In
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CAPE VERDE
1991 the new Government broke all ties, including subsidies, to
the UNTC-CS which had been controlled by the previous
government and party in power. The UNTC-CS has attempted to
adapt to the new situation and in 1991, for the first time,
took positions independent of those of the Government. In
addition to suffering serious financial problems, UNTC-CS
membership declined as Cape Verde began to privatize the
economy with a subsequent loss of patronage jobs in the heavily
staffed public sector of the economy.
Legislation passed in September 1990 guarantees workers the
legal right to strike. There were periodic strikes throughout
1991, most frequently in the state-owned organizations. Unions
are now free to affiliate internationally, and the UNTC-CS
joined the International Confederation of Free Trade Unions in
1991 .
b. The Right to Organize and Bargain Collectively
Legislation provides the right to organize and function without
hindrance. Workers and management reach agreement through
collective bargaining in the small private sector. However,
despite the new Government's plans to denationalize, it
remains the largest employer and continues to play a dominant
role in setting wages and other benefits for most of the
economy. Cape Verde does not have an export processing zone.
c. Prohibition of Forced or Compulsory Labor
Forced labor is forbidden by law and is not practiced.
d. Minimum Age for Employment of Children
The minimum age for employment is 14, and children under 16 are
prohibited from working at night, for more than 7 hours per
day, or in establishments where toxic products are used. There
is no enforcement mechanism for minimum age laws, but
observance is not a problem in the small informal sector of an
economy in which unemployment and underemployment approached 70
percent of the work force.
e. Acceptable Conditions of Work
Minimum wage rates are established by the Government for both
the public and private sectors. These minimum wages are not
sufficient to provide a worker and his family a decent standard
of living, and most workers must rely on a combination of
second jobs, extended family help, or subsistence agriculture.
All enterprises must submit a yearly report to the Director
General of Labor with information on salaries and wages of all
employees. This provides the Government with a vehicle for
controlling employment practices.
The normal workweek for adults is 44 hours over 5 1/2 days,
with at least 1 free day per week. While large employers
generally respect these regulations and minimum wage standards,
many employed in domestic service or by small employers in
rural areas do not enjoy legally mandated work conditions.
There does not appear to be an overall safety and health code,
although some regulations exist in this area. The Director
General of Labor, under the Ministry of Justice, Public
Administration and Labor, is responsible for enforcing labor
regulations. However, Cape Verde has few industries that
employ heavy or dangerous equipment, and work-related accidents
are uncommon. Consequently, there is no systematic government
enforcement of labor laws.
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The Central African Republic (C.A.R.) has been ruled since 1981
by General Andre Dieudonne Kolingba, who came to power in a
bloodless coup and', with backing from the military, has since
exercised virtually full political control. In 1986 General
Kolingba was elected unopposed to a 6-year term as President,
and a Constitution was adopted establishing a National
Assembly. The following year the Central African Democratic
Assembly Party (RDC) was formed as the sole legal party. Faced
with growing public discontent. General Kolingba announced in
April 1991 that other parties legally registered by the
Ministry of the Interior could compete with the RDC for
legislative elections in March 1992 and for presidential
elections in November 1992. At year's end there were 15
registered parties, and the Government continued to move slowly
toward political liberalization.
The Ministry of Defense controls military and national
gendarmerie forces totaling 4,000 troops. These forces share
internal security responsibilities with the civilian police
force under the Ministry of Public Security, which is
responsible for normal police functions. President Kolingba
controls a 1,400-man presidential security force led by 150
French advisers.
The C.A.R. is a landlocked and sparsely populated country, most
of whose inhabitants practice subsistence agriculture. The
principal agricultural exports are coffee, cotton, timber, and
tobacco. Since 1982 the Government has tried to implement
economic structural reforms in cooperation with international
donors. However, with continuing unfavorable world economic
trends and corruption and mismanagement in government, progress
has remained elusive. Also, workers became increasingly
discontented in 1991, and labor unrest throughout the year
paralyzed the economy and public administration.
Human rights remained circumscribed in 1991. Major abuses were
the use of arbitrary arrest and detention against political
opponents and workers; repeated interference in the judicial
process; and continued abridgements of freedoms of speech,
press, assembly, and worker rights. More than 30 union members
were arrested in July for essentially peaceful political
activity. After holding dissident General Francois Bozize in
detention for 2 years without charge or trial, the Government
brought him and four of his associates — all of whom were
forcibly repatriated from Benin in 1989 — to trial in
September. The High Court of Justice acquitted Bozize and two
others, but the Ministry of Justice refused to release them;
the President subsequently pardoned them on December 1, along
with all other political detainees. The Government's tactics
against the growing opposition, including slow progress toward
convening a national conference, undercut the progress made in
political party formation and the Government's promise of free
elections .
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of politically motivated killings, but
there were a few reports of extrajudicial killing. In January
a government official announced that Pierre Wanga and three
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others had been beaten while in police custody in 1990 and that
Wanga had died as a result. Although the Government announced
that there would be a complete investigation and that suspects
had been arrested, there was no subsequent announcement
concerning judicial action.
In August government soldiers killed an unknown number of
youths under questionable circumstances at a coffee storage
warehouse outside of Bangui. Officials of the Central African
League of Human Rights claimed the youths were students
protesting government policy towards the opposition on property
owned by a presidential ally; the Government charged that the
youths were part of a bandit gang. During a demonstration on
May 6 in Bangui against governmental education policy, a
secondary school student was fatally injured by a tear gas
canister fired by security forces.
b. Disappearance
There were no confirmed reports of politically motivated
disappearance .
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Penal Code prohibits torture and defines sanctions for
those found guilty of physical abuse. Nonetheless, reports of
police beatings of criminal suspects continue as in the case of
Pierre Wanga.
The physical conditions of Central African prisons are hard.
One pro-opposition group reported that some of its members were
jailed for up to 6 months from September 1990 to March 1991 in
cramped cells without toilet facilities and only such food and
other necessities as families could provide.
d. Arbitrary Arrest, Detention, or Exile
In 1991 the Government used detention to suppress political
activity, holding labor activists and opposition supporters for
protracted periods on charges of being a threat to state
security.
Persons detained in nonpolitical cases must be brought before a
magistrate within 96 hours. In practice, inefficient judicial
procedures often caused this deadline to be exceeded. Further,
according to credible reports, three persons have been held in
Ngaragba prison without charge or trial since March 1990,
reportedly because they failed to pay a bribe to a local
official. No system of bail exists, but sometimes persons are
released on their own recognizance.
Political detainees may be held without charge for up to 2
months. The Government consistently ignored this limit or held
persons without trial for long periods while preparing the
State's case against them. The Government does not reveal the
number of political detainees it holds. The number of those
arrested and detained tended to rise during strikes and
opposition activities. In January more than 50 prisoners were
known to be in detention. In April the Government announced
the release of 48 political prisoners, including Ruth Rolland
and Phillipe Bolibo, both incarcerated for political opposition
to the regime since 1989. Following a general amnesty on
September 1, the total number of detainees dwindled to 11. At
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year's end, there were no known political detainees or
prisoners being held.
Other political dfetainees released during the year included 21
members of the Coordinating Committee for the Convocation of a
National Conference (CCCCN) . They were released in March after
6-months ' incarceration on the grounds of insufficient evidence
to warrant trial. The CCCCN group, which had called for a
national conference independent of the ruling RDC congress, had
been arrested in September and October 1990 for attending an
opposition meeting.
Among those detained in 1991 were Roger Poguy Magineaud, a
businessman, detained and questioned for 7 days in May about
his alleged political activities. During the first week of
July, at least 25 people, including three prominent labor
leaders, were arrested during strikes in Bangui (see Section
6.a.). Most were detained following confrontations between
police and workers at the labor union headquarters in Bangui
and released on July 11, but the three union leaders were
charged with inciting violence and given suspended sentences of
1 to 3 years on July 31.
Concerned relatives and opposition leaders claimed that several
youths were arrested following the demonstrations on May 4-6
and flown to Birao in the furthest northeast corner of the
country. Criminals and "undesirables" have been exiled there
in the past. The authorities acknowledged that government
policy directs the police to arrest youths not possessing valid
identification and work papers, but they did not provide
specific information on this case.
Exile is not permitted in law and is not practiced by the
Government, but a number of political opponents have left the
country to avoid government sanctions. Among well-known
self-exiles are Rodolph Iddi-Lala, currently in Togo, and Ange
Patasse, currently in Paris.
e. Denial of Fair Public Trial
The judiciary consists of regular and military courts, with the
Supreme Court at the apex. In common criminal cases, the
accused have a right to legal counsel at all stages, trials are
public, and defendants have a right to be present. These
safeguards generally apply in practice. Insufficient
resources, however, including inadequate training of officials,
sometimes hampers administration of the law, and persistent
traditional beliefs regarding witchcraft and sorcery sometimes
overcome strict adherence to formal rules of evidence.
In political cases, the Government frequently interferes, and
the procedural safeguards specified above do not apply.
Created in 1988 to try "political" prisoners, the High Court of
Justice heard its first cases in September 1991, those of
General Francois Bozize and four codef endants . Political
prisoners are generally defined in the Central African
Constitution as persons who threaten state security. In a
public trial, the Court unconditionally acquitted Bozize and
two others of political charges but remanded the two
codef endants to criminal court for further action. Although
the High Court of Justice is constitutionally defined as the
court of last appeal for political cases, the Minister of
Justice refused to accept the verdict and immediately
instituted new legal steps against Bozize and the two others.
A three-judge panel subsequently decided that the three must
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stand trial again before the Supreme Court on charges stenuning
from an alleged 1982 coup attempt. On December 1, the
President pardoned Bozize and his codef endants . Some local
human rights activists criticized the State's arbitrary
handling of the Bozize case, including the sudden Presidential
pardon and complained about official media coverage of the
affair .
The Ministry of Justice took several other steps to check
growing judicial independence, creating the post of Inspector
General charged with oversight of justice, removing the
President of the Supreme Court, and replacing the president of
a tribunal which had ruled to annul a government decision to
suspend six union federations.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government rarely abused legal prohibitions on invasion of
the home without a warrant in civil and criminal cases, but in
political and security cases, police are legally permitted to
search private property without written authorization and do so
in practice. The Government maintains a close watch on
citizens who are suspected of opposing it. To combat local
crime, including robbery and assault, the RDC political party
created citizens' action groups called vigilance committees in
1988, consisting of 20 volunteers per neighborhood. These
committees have sometimes intruded on police responsibilities
but in general were less active in 1991.
Civil servants were not required to join the ruling RDC, but
there were strong social pressures to join, particularly in the
case of those holding high-level positions.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The right of private citizens to speak publicly about political
developments or to criticize the Government is circumscribed,
although most people feel free to comment privately on
political affairs. The National Assembly provides a
constitutional forum for public discussion of government
policies, but since the Assembly is traditionally obedient to
the executive, few citizens follow Assembly debates or approach
their representatives with concerns.
Newspapers, radio, and television are all government owned and
controlled. Unswerving in their support for President Kolingba
and the RDC, the media do not provide objective coverage of
important national political developments, including the Bozize
trial (see Section I.e.). Despite a September pledge, the
Government did not give opposition parties equal access to the
national media. Domestic news favored upbeat stories and
noncontroversial events, although the newspapers' awareness
campaign about the acquired immunodeficiency syndrome (AIDS)
through articles and advertisements addressed a major domestic
health problem. Opposition parties and groups published and
distributed manifestos, policy statements, and analyses of
events, most often in typewritten and photocopied form.
Reporting on international news was selective and avoided
events that might have embarrassed friendly foreign
governments, but radio broadcasts, over the course of the year.
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CENTRAL AFRICAN REPUBLIC
did cover reform of other single-party systems in Africa and
Eastern Europe.
Academic freedom. is limited: striking teachers in 1990 and
1991 were important actors in maintaining pressures for
political reform.
b. Freedom of Peaceful Assembly and Association
The right of assembly is constitutionally guaranteed but is
restricted in practice. Several labor and student
demonstrations were broken up by police, and the Ministry of
the Interior banned a political rally in September.
The Government addressed demands from a cross-section of
Central African society for a national conference to discuss
current political problems and the future political structure
of the C.A.R. by promising in September to schedule for
February 1992 a "national debate." No date had been set by
year's end. The RDC declared in October 1990 its intention to
pursue democratization within a single-party system. However,
in April 1991 President Kolingba suddenly announced to the RDC
leadership that he would permit mult ipartyism . In June the
National Assembly drafted a law governing the formation,
activities, and dissolution of political parties, and on July 4
the law governing multiparty politics and setting standards for
party registration took effect. This statute required
submission of a dossier for each application containing
information about the party leadership; police records of the
party leaders; the statutes, program, and by-laws of the party;
and the location of the party headquarters. If the Minister of
Territorial Administration does not reject the application
within 45 days, the party automatically becomes a legal
entity. At the end of 1991, there were 15 registered parties,
including the RDC.
c. Freedom of Religion
A variety of religious communities are active in the country,
including traditional African faiths. Christian denominations,
and Muslims. Most religious organizations and missionary
groups are free to proselytize and worship. However, religious
groups must register with the Government, and any group whose
behavior is considered political in nature remains subject to
sanctions .
The Government's 1986 ban on the activities of the Jehovah's
Witnesses community remained in effect on the grounds that this
group's refusal to serve in the army or salute the flag
constituted defiance of government authority. The 1989 ban on
the activities of the Union of Evangelical Pentecostal Churches
for "irresponsible conduct" remained in effect at the end of
1991 .
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
While people were generally free to move within the country,
police and other government officials at checkpoints along
major roads sometimes harassed travelers unwilling or unable to
pay bribes. The Government took steps in September to reduce
this practice. The Government recognizes the right of
voluntary travel and repatriation, and financial and
educational constraints, rather than government controls, act
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to restrict most foreign travel and emigration. There were no
known cases of revocation of citizenship.
By the end of 1991, more than 10,000 Sudanese had fled civil
strife in Sudan to seek safe haven in the remote southeastern
corner of the C.A.R. In collaboration with U.N. agencies and
private relief groups, the C.A.R. National Commission for
Refugees is providing assistance to this group. The C.A.R.
also continued to host 1,600 Chadian refugees, and at year's
end the United Nations High Commissioner for Refugees was still
interviewing those who may choose to repatriate voluntarily.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Despite constitutional guarantees, citizens were not able to
change their government by democratic means in 1991, and until
April only those candidates selected by the ruling RDC were
legally permitted to contest National Assembly elections, next
due in March 1992. The power and prerogatives of the
President, who ran uncontested in the 1986 presidential
elections, and the RDC were not subject to change from below.
President Kolingba allowed his Cabinet some latitude in
day-to-day government administration, but frequent cabinet
changes minimized the effect of broadening this small base of
executive decisionmaking. The President carefully controls
political change, and it remained to be seen at year's end if
the advent of mult ipartyism will bring true democratic reform.
The Constitution grants the National Assembly the authority to
debate and vote on bills proposed by the executive and to
initiate legislation of its own. Assembly sessions sometimes
involved criticism of the Government, and Deputies, who have
immunity, did occasionally modify the language of proposed
legislation. However, the Assembly rejected no legislation
proposed by the executive in 1991. Its initial rejection of
the Government's 1991 budget drew stern rebukes from the
executive branch and was promptly overturned. It is rare that
deputies cast negative votes or abstain.
There are no legal impediments to the participation of citizens
in the political process. In practice, women have generally
not been appointed to high level ministerial positions in the
Government. Of 88 ministers in Kolingba Governments over 10
years, only 2 have been women.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
In September the National Assembly agreed to the creation of a
National Human Rights Commission empowered to operate under the
direct authority of the President. This appointive Commission
draws members from a wide array of professions, and its goals
and effectiveness remained unclear at year's end. In June
human rights lawyer Nicholas Tiangaye also created the Central
African Human Rights League (LCDH), a nongovernmental
organization with the declared goals of publicizing human
rights violations in Central Africa, implementing the
international human rights accords to which C.A.R. is a party,
lobbying the Government for improved human rights practices,
and pleading individual cases of human rights abuses before the
courts. The LCDH had some effect in calling attention to
official abuses (see Section l.a.).
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In the past, the Government has permitted representatives of
Amnesty International to visit Bangui on request, and the
regional representative of the International Committee of the
Red Cross (ICRC) visited Bangui in July.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution mandates that all persons are ecjual before the
law without regard to wealth, race, or religion. In practice,
however, some minorities receive unequal treatment. The
forest-dwelling Bayaka, commonly known as Pygmies, are subject
to discrimination and exploitation which the Government has
done little to correct. Pygmies are often hired by villagers
to work for wages much lower than those received by other
groups. Muslims, particularly Mbororo (Peuhl) herders, are
sometimes resented by other Central Africans for their
affluence and thus are singled out for harassment, such as
police shakedowns. There are few Muslims in senior government
posts .
There are about 80 ethnic groups in the C.A.R., and President
Kolingba has stressed the desirability of an ethnic balance in
his Cabinet. In practice, however, preference for high
government and military positions has been given to members of
his Yakoma ethnic group, which forms less than 5 percent of the
population. During a special May session of the RDC, the
Government came under public criticism for its ethnic
imbalance. President Kolingba responded by replacing some
Yakoma in his Cabinet but not really addressing the imbalance.
Although the Constitution affirms the equality of all citizens,
women are not in fact treated as equal to men economically,
socially, or politically. Although progress has been made in
narrowing gender differences, gaps exist not only between men
and women, but between urban and rural women as well. Between
60 and 70 percent of urban women go to primary school while
only 10 to 20 percent of their rural counterparts do so. At
the primary level, females and males have ec[ual access to
education, but a majority of females drops out at ages 14 and
15 due to social pressure to marry and bear children. At the
university oi; Bangui, the sole university in the C.A.R., only
20 percent of the students are female.
Traditional patterns persist to a considerable degree. In most
rural areas, where subsistence farming is the chief livelihood,
women continue traditional child-raising and heavy farming
tasks while men frequently seek paid physical day labor or
await hard-to-find salaried work. Some women work in commerce
as market vendors.
There is no precise data on the percentage of women in the wage
labor force, but in cities many educated women find work
outside the traditional patterns. Some hold clerical
positions, and a small but growing number are establishing
private businesses or moving into the upper ranks of the
Government. In 1990 women were accepted for training in the
gendarmerie for the first time; the first of these graduated in
1991.
Polygamy is legal, although fewer women accept the practice
than in the past. A prospective husband must indicate at the
time of the marriage contract whether he intends to take
further wives.
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Violence against women, including wife beating, occurs, but it
is difficult to gauge the extent of the problem, which is
seldom officially reported. Some women believe that spousal
abuse of women has diminished from past levels. The Ministry
of Justice hears few cases of spouse abuse, although the issue
does come up during divorce trials or in civil suits for
damages. Cases of domestic violence occasionally appear in the
press. Some women reportedly tolerate abuse in order to retain
a measure of financial security for themselves and their
children. Neither the Government nor the women's division of
the RDC publicly addressed this issue in 1991.
The Penal Code forbids blows or injuries to children under the
age of 15. Current interpretation of the Code includes
prohibition of female genital mutilation. Nonetheless, the
force of tradition tolerates this practice in rural areas and,
to a lesser degree, in Bangui, although many urban dwellers
consider it an outdated custom. However, it was praised in a
press article on the national mothers' day as a national
tradition.
Section 6 Worker Rights
a. The Right of Association
During 1991 the Government continued to harass or inhibit labor
activity by banning some organizations and by arresting labor
leaders .
A 1988 law, which entered into force on May 1, 1989, grants all
workers the right of association. Since then teachers, civil
servants, postal workers, and employees in the few large
factories and businesses in Bangui have organized.
Approximately 60 locals exist in Bangui alone. The Ministry of
the Interior has also recognized 10 sectoral unions in Bangui
and 24 provincial unions, all of which belong to the main labor
federation, the Labor Union of Central African Workers (USTC) .
Recognition requirements are pro forma. For most of 1991,
there was only one main labor federation, the USTC, plus six
public sector federations.
The 1988 law provides for the right to strike but only after
rigorous requirements are met, that is, after a government
mediator and an arbitration council both fail to achieve
agreement between labor and management . There were a number of
strikes in 1991 which did not follow these requirements,
including a general strike protesting salary arrears,
mistreatment of unionists, and lack of political reform. The
general strike, which began in May, led to a July 3
confrontation between strikers and security forces at union
headq^aarters . The military occupied the headquarters and
arrested more than 30 unionists. The following day, security
agents arrested three union leaders leaving the July 4
reception at the U.S. Ambassador's residence.
Starting in June, the Government made efforts to dissolve the
six public sector labor federations for striking illegally for
political reasons. When the courts refused to dissolve the
federations. President Kolingba removed the magistrates
involved. On July 6, Prime Minister Edouard Franck announced
the suspension of the six public sector union federations until
October 31 and ordered the private sector to return to work.
Although these actions ended the general strike and the public
sector unions were forced to hold meetings clandestinely, most
teachers and public health workers remained on strike through
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CENTRAL AFRICAN REPUBLIC
the end of the year. The Government lifted the public sector
union suspension on November 1.
Most detained unionists were eventually released, but several
received prison terms. USTC Secretary General Theophile
Sonny-Cole was sentenced to a year in prison without actually
being arrested or appearing in court. While he remained at
liberty at the end of the year, the Government appeared to
retain the option of imposing the sentence at any time. The
other unionists who were sentenced received either suspended
terms or were freed under the amnesty which President Kolingba
declared on September 1 to mark his 10th year in power.
Toward the end of the year, the Government announced that it
supported the principle of "multiunionism" as a logical
corollary to multipartyism. By year's end, three smaller
federations had been formed, but none initially demonstrated
any provincial or sectoral union support. Credible evidence
suggested that one, the Confederation of Central African Trade
Unions (CSTC) , was mostly government funded; another, the
National Confederation of Central African Workers (CNTC) is the
resurrected version of a previously government-controlled
federation, headed by a retired union rival of Sonny-Cole's.
The 1988 law allows unions to affiliate with international
labor organizations. Both the USTC and the CNTC maintain
international labor contacts.
In April 1989, the U.S. Government announced the suspension of
tariff preferences accorded the C.A.R. because of the
Government's failure to respect worker rights. The C.A.R.
formally requested reinstatement in September 1989, and its
request was granted in February 1991, before the most recent
round of arrests and the suspension of labor federations.
b. The Right to Organize and Bargain Collectively
The C.A.R. has little industry or large-scale agriculture. The
1988 union law, which applies throughout the country, accords
trade unions full legal status, including the right to own
property and to sue in court. However, it does not
specifically state that trade unions may engage in collective
bargaining. Mechanisms for collective bargaining contained in
the 1961 Labor Code have in the past been used occasionally in
the private sector during the periods in which union activity
was not banned. Collective bargaining, though failing to bring
a lasting settlement, took place in 1991 in both the private
and public sectors. Employers are expressly forbidden from
discriminating against workers on the basis of union membership
or union activity, and infractions can result in the assessment
of legal damage. Several of the USTC unions claim, however,
that the Government has itself discriminated against their
members, notably through the arbitrary reassignment of teachers
and civil servants to provincial posts. There are no export
processing zones in the C.A.R.
c. Prohibition of Forced or Compulsory Labor
Forced labor is specifically prohibited by the 1961 Labor Code,
and no reports were made of forced labor in 1991.
d. Minimum Age for Employment of Children
Employment of children under 14 years of age is forbidden by
law, but this provision is only loosely enforced by the
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CENTRAL AFRICAN REPUBLIC
Ministry of Labor and Civil Service. In practice, the role of
children in the labor force is generally limited to helping the
family in traditional subsistence farming or retailing.
e. Acceptable Conditions of Work
Minimum wages are established by the Government, euid a social
security system exists for private industry. The lowest
minimum wage assures a family the basic necessities but is
barely adequate to maintain a decent standard of living. In
July the Government announced that it would raise the minimvun
monthly industrial wage by 40 percent, and the minimum
agricultural wage by less than 25 percent a day. These
increases had not yet taken effect by year's end. Much labor
is performed outside the wage and social security system,
especially by self-employed farmers in the large subsistence
agricultural sector. The law sets maximum working hours for
government employees and most people in the private sector at
40 hours per week. Domestic employees may work up to 55 hours
per week. There are also general laws on health and safety
standards in the workplace, but they are neither precisely
defined nor actively enforced by the Ministry of Labor and
Civil Service.
71
CHAD
Chad is a republic with a transitional government headed by
President Idriss Deby. President Deby and the Patriotic
Salvation Movement (MPS) took power from Hissein Habre on
December 1, 1990. He immediately declared human rights and
democratization to be the primary objectives of the new
Government. On March 1, the National Charter was announced,
setting up a 30-month transition period of government, with
most power concentrated in the hands of President Deby. The
Charter abolished the 1989 constitution. On October 4, the
Government introduced the Charter on Political Parties. By the
end of the year no parties, apart from the MPS, had been
authorized, but several parties had formally applied for
official authorization, and others were in the process of being
established.
The Deby Government operates a large security and military
apparatus that includes an army of about 50,000 personnel
(Republican Guard, army, gendarmerie, and air force), the
National Police, and the Center for Research and Coordination
of Information (CRCR). The size of the security forces posed a
serious drain on Chadian resources in 1991, and the Government
had difficulty in financially supporting them and in
maintaining discipline. With French assistance, Chad began to
reorganize, retrain, and reduce the size of the forces.
Meanwhile, in 1991 there were numerous reports of human rights
abuses committed by the military and security forces. Credible
reports pointed to the Military Intelligence Branch (B-2) as
the major offender. An alleged coup attempt on October 13 led
to interethnic killing, led by Zaghawa elements of the Chadian
military loyal to President Deby. Interior Minister Maldoum, a
Hadjerai, was removed from office for supposed complicity with
the plot.
Chad is one of the poorest countries in the world, with an
estimated per capita income of $205 per annum. The literacy
rate is estimated at 25 percent, and 80 percent of the
population is engaged in subsistence agriculture, fishing, and
livestock raising. Cotton is Chad's most important export.
The Government relies heavily on external financial support,
especially from France, to meet recurring budgetary costs and
virtually 100 percent of government investment. Habre
exacerbated the financial crisis by fleeing the country with
much of its liquid assets. In 1991 emergency food aid was
necessary due to drought.
In 1991, with strong public backing from President Deby, the
human rights situation in Chad improved somewhat, including the
right of workers to organize. There were still restrictions on
freedom of the press and speech, although the situation had
improved over 1990. The Government also permitted the
establishment of several organizations devoted solely to human
rights. However, like previous governments, the Deby
Government, with its political and military base primarily in a
regional ethnic grouping, faced serious problems in
establishing a national political consensus. It nevertheless
made modest progress in 1991 in identifying the aspirations and
priorities of the people, in permitting the formation of
political parties late in the year, and in setting a timetable
for national consultations in the form of a national conference
for May 1992. On December 24, President Deby issued a decree
forming an 80-person, ethnically and politically diverse,
preparatory commission to organize the National Conference,
which would be sovereign. At the same time, a number of
serious human rights abuses occurred in 1991, notably
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CHAD
extrajudicial killings (mainly due to factions settling old
scores and interethnic killing following the alleged coup
attempt on October 13), the use of arbitrary arrest and
detention, the denial of fair public trials, and the use of
force to prevent assembly and association of people outside the
MPS.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
Credible reports indicated that the Habre regime executed more
than 300 political prisoners shortly before it collapsed.
During the first months of the Deby regime, there were many
credible reports of further extrajudicial killings, most of
which involved the settling of scores between the new and old
factions. Most of these killings had ceased by March, although
reports of killings continued throughout 1991, usually
attributed to armed bands currently or formerly associated with
the Chadian army. Armed groups of loyalists to former
President Habre survived by pillaging in the eastern part of
the country. Some members of the Zaghawa, who accompanied the
Deby forces, turned to banditry as did other groups of
soldiers. The Government condemned these actions but was often
several months behind in meeting its military payroll, and its
ability to control offending units, particularly in provincial
areas, remained limited. The Government established
courts-martial in March to try military offenders, but these
met with limited success. One early trial was disrupted by
armed men who attempted to rescue the defendants . Subsequent
sessions were heavily guarded by troops with heavy weapons.
However, these events had an intimidating impact on the conduct
of later trials.
In the first days of the Deby administration, there were
assassination attempts on the lives of several ministers. An
army officer, Gabaroum Demtita, was arrested, and reliable
reports indicate he was executed in late December 1990 by
members of the security services.
On October 13, government forces reacted with excessive force
to suppress an alleged coup attempt by Minister of the Interior
Maldoum and Hadjerai army officers. The Government failed to
control its troops in subsequent days. Hadjerai military and
civilians were particularly targeted by uncontrolled Zaghawa
armed elements. Reliable reports indicate that approximately
200 persons were killed in N'Djamena by Zaghawa soldiers and
civilians during the week of October 13.
b. Disappearance
There were no known allegations in 1991 of politically
motivated disappearances. There were allegations of political
prisoners being held incommunicado, though fewer than under the
Habre regime.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
In 1991 there were persistent uncorroborated reports that the
B-2 Military Intelligence and the MPS Security Branch engaged
in torture which included: whippings, beatings, and forced
73
CHAD
ingestion of water and then dropping the detainee to the
floor. These units also reportedly denied medical treatment to
torture victims. The number of allegations increased in the
latter part of 1991, indicating that these practices were not
simply a function of the chaos of the first months of the Deby
regime. Four men were publicly executed by firing squad in
October after being convicted under the special court-martial
authority, one reportedly for attempted theft. The executions
were carried out in a manner that prolonged the suffering of
the men. While the Government officially condemns the use of
torture and the mistreatment of prisoners, it has not commented
on these reports nor, as far as is known, conducted any
investigation of such incidents.
Prison conditions under the Deby regime continued to be harsh.
They are characterized by overcrowding, poor sanitation, lack
of medical facilities, inadequate food, mixing of male and
female prisoners, and detention of children. Deaths from
malnutrition in common cells were frequent, with the bodies not
being removed rapidly after death. Prisoners are dependent on
their families for food, medicines, and other necessities.
Nonpolitical prisoners are allowed daily access by visitors.
Some reports indicated that political and security prisoners
were detained incommunicado. Military prisoners are detained
in separate facilities.
d. Arbitrary Arrest, Detention, or Exile
The Deby Government abolished the 1989 constitution which
provided for certain safeguards for the citizen against
arbitrary arrest and gave detainees specific rights, such as
the right to counsel and to be presented with charges. The
Chadian penal code, which is still considered in effect,
specifies these rights, but its provisions, like those of the
1989 constitution, are not enforced. In practice, most
individual military or security organizations were able to
arrest or detain citizens without legal warrant, without
presenting charges, or without referring a detainee to an early
trial.
In June a group of 44 military officers and noncommissioned
officers (NCO's), all of southern Chadian origin, were arrested
for circulating a signed petition that complained of unjust
treatment. They were detained at the gendarmerie and the
former presidential compound. The officers were held for
several days and the NCO's for up to 11 days before being
released without charge. Other allegations surfaced in the
press that military and civilians were detained without
charge. In contrast, there were numerous allegations that
military and civilians of the Zaghawa ethnic group who were
guilty of crimes were not incarcerated (see Section I.e.).
Due to the secrecy of the Government, the number of political
detainees held in 1991, if any, was not known. High-level
Chadian officials contend there were no political detainees or
prisoners held in 1991.
The Deby Government actively engaged in a program for the
return of Chadian exiles. There were no reports of returning
exiles being detained or mistreated. The Government had some
difficulty absorbing several thousand Chadian citizens who were
involuntarily returned from Libya with little or no preparation
or notice during the year. Significant numbers of Chadians
have chosen not to return to Chad and remain in Europe, Niger,
Libya, and other African countries.
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CHAD
e. Denial of Fair Trial
Chad's judicial system is at best rudimentary, in part due to
decades of civil war creating serious staffing and training
deficiencies. Three forms of courts existed in Chad in 1991:
the regular judiciary, a traditional system presided over by
village chiefs and sheiks, and the newly established special
military court to try soldiers and civilians accused of
criminal activity (see Section l.a.). There are legal
safeguards built into the court-martial system, including the
right to be represented by an attorney and the right of appeal
to a higher tribunal within the same system. In September a
seven-person Special Court of Justice was established to look
into the issue of funds which disappeared at the time of
Habre's fall.
The highest court in Chad is the Appellate Court in N'Djamena.
It reviews the decisions of lower courts and judges all cases
calling for more than a 2-year penalty. Due to the shortage of
judges in the provinces, legal matters were often presided over
by either traditional or other governinent authorities,
frequently military commanders. The traditional or customary
system of justice, common in the rural areas and used for civil
matters, is not codified, but its judgments are generally
respected by the population. Decisions rendered by a
traditional court may be appealed to the regular civilian
courts .
There were no efforts at systemic overhaul of the judiciary in
1991, although the MPS Conference in March cited judicial
reform as a national goal, and President Deby indicated that
judicial reform would be addressed in the national conference
in 1992. Meanwhile, the judiciary remained subordinate to
executive authority. The Government did make an effort to
staff rural courts which had not functioned under the previous
government .
In 1991 there were credible reports that the civilian court
system and the new court-martial system were unable to bring
members of the Zaghawa ethnic group to trial. In August
Zaghawa soldiers attacked the first court-martial session in an
attempt to free Zaghawa prisoners. On October 13, Zaghawa
soldiers attacked the prison in order to free Zaghawa
prisoners. There are reports that citizens preferring charges
against Zaghawa were threatened by other Zaghawa in the
military. Government actions to prevent these abuses have not
been fully effective.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Under the penal code, homes may be searched only during
daylight hours and only under the authority of a warrant. In
practice, security personnel of various agencies searched homes
and arrested occupants without a warrant from judicial
authorities. In early 1991, several deaths occurred as a
result of searches of homes by the army. There were numerous
reports that thievery by soldiers occurred frequently during
house and street searches.
Membership in the Patriotic Salvation Movement (MPS) is not
required for employment or appointment to high position.
However, MPS membership reportedly has been solicited through
coercive means in the rural areas.
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CHAD
It was widely assumed that surveillance of persons, monitoring
of telephones, and checking of domestic and international
correspondence occurred in 1991.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
President Deby lifted many restrictions on freedom of speech
and press. Individual views were expressed openly, and there
was no evidence of government interference with or restriction
on small private meetings (see Section 2.b.). The private
press developed rapidly after the change in government . Five
private newspapers were published in 1991, sold openly, and
often carried stories highly critical of the Government.
Chadian television, radio, and the Chadian Press Agency
continued to be government controlled in 1991. In state-owned
media journalists were allowed greater latitude in publishing
and broadcasting than during the Habre regime. However, as the
year progressed, the official media became increasingly
restrained in the choice of topics and quoted sources,
apparently under government pressure, and considerably less
outspoken than the private press.
Low-ranking soldiers attacked journalists on several occasions,
and MPS officials intimidated newspaper staff. Additionally,
there were disturbing incidents aimed at intimidating the
press. In mid-March soldiers burst into Radio Chad studios and
roughed up journalists. Reporters went on strike until the
Government promised such incidents would not happen again. On
July 7, the Government warned the press about unspecified
"excesses". Soldiers beat three Tele-Chad journalists on July
28. In early November, offices of the independent weekly
Contact were vandalized and the texts of articles were stolen.
In late December, the publisher of N'Djamena Hebdo was detained
briefly by armed men and the newspaper offices were searched.
Members of the private press have expressed the view that they
are under frequent personal or electronic surveillance.
Foreign publications were available in Chad, and there were no
reports that foreign publications were censored or withdrawn
from circulation during 1991.
The academic system is state supported but was free of
government control of curriculum or course content. Class
discussions of academic topics were unrestricted and
uninhibited, but political commentary in and out of class
tended to be restrained, unless discussions took place among
close, trusted friends. Fear of government informants is
pervasive at institutes of higher education.
b. Freedom of Peaceful Assembly and Association
These freedoms were tightly circumscribed in 1991. The
Government prohibited assemblies or meetings with political
objectives and, until October, declared any political activity
and political party organizations outside the MPS illegal. A
planned antigovernment demonstration on March 26 failed to
materialize after the Government declared it illegal. The
Government used force to disperse striking students at the
University of Chad in February, resulting in the death of at
least one person and several wounded. The students were
calling for the removal of two administrators, reinstatement of
suspended students, payment of stipends, and better conditions.
76
CHAD
In 1991 the Government required organizations to have official
authorization to function prior to beginning operations. While
it authorized three private human rights organizations and two
union federations to organize, it had not given permission by
year's end to many cultural and social organizations with no
stated political objective.
c. Freedom of Religion
Chad is officially and in practice a secular state in which
Islam, Christianity, and other religions are practiced without
official constraint. Both Islamic and Christian holidays are
given official status. More than 50 percent of Chad's
population is Muslim, and Chad is a member of the Islamic
Conference. Christian and other missionaries may enter the
country to proselytize and perform public assistance work.
Christian missionaries are most active in the south. In 1991
there were no reports of harassment for religious views, and
religious publications are disseminated without government
restriction.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Chadians enjoy freedom to move around the country, except
within military zones. Clearance by internal security services
is required for international travel, but this requirement did
not appear to impede movement. Chadians are free to emigrate
and have the right to return.
From 1979 to 1982, as many as 185,000 Chadians fled drought and
civil war to seek refuge in neighboring countries. Most of
those who left during this time have since returned to Chad and
have been resettled with the help of government organizations.
Several thousand returned in 1991. About 24,000 still remain
outside Chad, mainly in Sudan.
In addition to this older population of refugees, Chad
experienced a new outflow of about 10,000 persons following the
December 1990 overthrow of the Habre government by Idriss
Deby. Most of these recent refugees returned to Chad in early
1991. About 3,000 remain in Niger, Nigeria, and Cameroon.
There were no reports in 1991 of mistreatment of returnees.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
In 1991 Chadians lacked the right to change their government by
democratic means. President Deby governs through a Council of
Ministers and the Prime Minister. The Provisional Council of
the Republic, a consultative body comprised of regional
representatives and political notables appointed by the
President, serves some of the functions of a legislature but
without authority to initiate or approve laws.
Upon coming to power, Deby's provisional Government, through
the National Charter, abolished the 1989 constitution and the
national assembly but promised to install a multiparty system.
A Charter of Political Parties was adopted on October 4, and a
national conference is scheduled for May 1992, one of its
objectives being to draft a new constitution. Municipal,
legislative, and presidential elections were promised for 1993.
77
CHAD
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
In a marked departure from Habre's regime, the Deby Government
allowed investigation into human rights abuses, particularly
those committed by Habre. In the first months of 1991
prominent press coverage, both foreign and domestic,
documented abuses. Three Chadian human rights organizations
were founded and authorized to operate in 1991. The Chadian
League of Human Rights (LTDH) was established first, and it
actively promoted human rights issues. The Convention for the
Defense of Human and Citizens Rights (CODHOC) and the Chadian
Association for the Promotion and Defense of Human Rights
(ATCPH) were founded toward the end of the year to promote
human rights. All three operated without government
interference.
The Government permitted Amnesty International and a French
judge to conduct investigations in 1991.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There are approximately 200 ethnic groups in Chad. They are
roughly divided among Saharan and Arab Muslims in the northern,
central, and eastern regions, and Bantu people, who practice
Christianity or animist religions, in the south. Sustained
civil war since 1965, revolving around ethnic disputes, has
badly fractured any sense of national identity. Ethnic
divisions continued to be a major problem in Chad despite
Deby's efforts to forge national reconciliation and unity.
While regional and ethnic representation in government was
diverse, real power remained in the hands of a few minority
ethnic groups from northern and eastern Chad, principally the
Zaghawa, Bideyat, and Gorane.
Officially the Deby Government opposes discrimination, and
Chadian women have full political eq\iality and protection under
the law. However, culture and tradition among many of Chad's
various ethnic groups perpetuate the de facto subordinate
status of women. Much of the agricultural work on subsistence
farms is done by women. Neither traditional law nor the penal
code specifically protects women's rights. The literacy rate
for women is significantly lower than for men, and a 1991
United Nations Development Program study stated that on average
females receive one-third of the education of males. A few
women are found in higher positions in the Government as well
as in commerce, the professions, and the military. The
Ministry of Public Health and Social Affairs actively promoted
women's rights, sponsoring a national women's week and seminars
on women's issues. A private women's advocacy group was
authorized and was active in promoting women's rights.
Household violence directed against women, including wife
beating, is believed to be common, and women have only limited
legal recourse against abusive spouses. Female genital
mutilation (circumcision) is widespread in Chad. This practice
is deeply rooted in tradition, both in the north and the south,
and strongly advocated by many Chadians, including women,
despite its severe consequences for women's physical and mental
health. The Deby Government took no action to prohibit the
practice.
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CHAD
Section 6 Worker Rights
a. The Right of Association
Given the level of economic development, Chad's labor movement
is still in its infancy. Over 80 percent of all Chadian
workers are involved in subsistence agriculture, animal
husbandry, or fishing. Involvement in labor organizations
centers mostly on the public sector and the small, private
commercial sector.
The National Charter of March 1991 specifically recognized the
right of labor to organize, and workers are free to join or
form unions of their own choosing. However, government
authorization is required before unions can commence
operations. There was no indication in 1991 that the
Governinent interfered wih the right of workers to organize,
although it refused authorization to the National Federation of
Chadian Trade Unions (UNST) to function under the name of UNST
because of its association with the Habre regime. It granted
approval once the name was altered to the Federation of Chadian
Unions (UST) . A second federation of unions, the Federation of
Chadian Workers (CLTT), was formed in 1991. Both new
federations are independent of the Government. Both
federations held congresses in 1991 and freely affiliate with
international and regional labor organizations.
The Deby Government considers the current Labor Code still in
effect. It permits the right to strike but mandates that
certain steps are to be taken to resolve disagreements prior to
striking. The 1989 constitution implicitly repealed the 1975
ordinance which suspended the right to strike. However,
strikes did not take place under the Habre government. A new
labor code is nearing completion, according to government and
union officials.
In 1991 five strikes were staged without evidence of government
interference or restrictions. Hospital workers, airport
employees, government-employed journalists, and textile workers
in southern Chad went on strike during the year over wage and
benefit issues and for improved working conditions. In
December primary and secondary teachers, with sympathy support
from higher education institutions, led a strike for better pay
and benefits. In each of these instances, the Government
negotiated mutually satisfactory resolutions to the strikes.
In April, however, when the former UNST called for a general
strike to protest the Government's refusal to allow it to
function under the name UNST, the Government deemed the strike
illegal because it was called by an unauthorized organization,
and the strike failed to take place.
b. The Right to Organize and Bargain Collectively
The National Charter specifically recognizes the right of trade
unions to organize and bargain collectively, and in 1991 there
was no abridgement of this right as there had been under the
previous government. However, the International Labor
Organization's (ILO) Committee of Experts in 1991 again asked
the Government to amend a section of the Labor Code which
empowers the State to intervene in the collective bargaining
process. In practice, few collective agreements exist given
the small size of the private sector. Chadian law does not
specifically prohibit antiunion discrimination, but this was
not an issue in 1991. There are no export processing zones in
Chad.
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CHAD
c. Prohibition of Forced or Compulsory Labor
While there is no specific prohibition on forced or compulsory
labor in Chadian law, such labor did not occur in 1991.
d. Minimum Age for Employment of Children
The minimum age for employment of children is 14 in the wage
sector, but there is only limited enforcement of this law by
the Ministry of Civil Service and Labor. In practice,
employment of children was almost nonexistent, except on family
farms .
Approximately 600 minors, between the ages of 12 and 17, were
reported to be in the army. One objective of the Deby
Government was to reorganize the army and release minors from
the ranks. This process was under way at year's end with the
Government coordinating closely with the United Nations
International Children's Fund to provide reintegration of the
children into civilian society.
e. Acceptable Conditions of Work
A minimum wage scale established in 1978 remained valid under
the Deby Government. This nationwide minimum wage scale
applied to all categories of work, but higher grade levels
existed for specialized functions. Minimum wages were
insufficient to support subsistence, much less an acceptable
standard of living. Most workers relied on second jobs,
subsistence agriculture, or assistance from the extended family.
Most nonagricultural work is limited by law to 48 hours per
week with overtime paid for supplementary hours. Agricultural
workers were statutorily limited to 2,400 work hours per year.
All workers are entitled to 24 consecutive hours of rest per
week. In practice, issues involving working conditions were
still in their infancy. Some occupational health and safety
standards exist for the work environment, but enforcement by
the Ministry of Civil Service and Labor is rare.
80
COMOROS
Located in the Mozambique Channel between East Africa and
Madagascar, the Federal and Islamic Republic of the Comoros
comprises three islands and claims a fourth, Mayotte, which is
governed by France. Until his assassination in November 1989,
President Abdallah, backed by the presidential guard, presided
over a de facto one-party state. Following his assassination,
some 25 European mercenaries who had served as officers in the
presidential guard briefly became the ruling authority until
French troops arrived to stabilize the situation.
Early in 1990, opposition politicians returned from exile, and a
wide spectrum of political leaders and eight political parties
contested presidential elections in two stages. The acting
President, Said Mohamed Djohar, emerged the winner in the second
round. His defeated opponent, Mohamed Taki, refused to accept
the results and departed the country for several months. Though
allegations of fraud and tampering with ballot boxes were made
by opposing political parties, most outside observers, including
representatives from the Organization of African Unity,
concluded that these instances did not decisively alter the
results. Following his inauguration on March 20, 1991, the new
President vowed to promote full democracy and became leader of a
coalition of five parties, naming some former opposition figures
to ministerial positions.
French military advisors assisted the new Government in
restructuring and reducing the regular military and police
forces. In 1991 the security forces came under effective
civilian control.
Agriculture dominates the economy, but the Comoros is running
out of arable land, and soil erosion on the steep volcanic
slopes is exacerbating the problem. Revenues from the main
crops — vanilla, essence of ylang-ylang, and cloves — continued to
fall. Comoros is part of the French Franc Monetary Zone and
depends heavily on France for budgetary support and technical
and security assistance.
The human rights situation has improved significantly since
1989, but progress slowed in 1991 with the postponement of both
legislative elections and revision of the Constitution to
establish firmly a multiparty system. This slower pace of
change was due in part to cabinet changes, the distraction of
natural disasters (volcanic activity), and an attempted coup
d'etat in August involving Supreme Court figures. Efforts to
institutionalize democratic practices and the protection of
human rights continue to be hampered by the lack of internal
security arrangements and poor economic conditions.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no confirmed reports of such killing in 1991.
However, the case of Said Mlindre, a member of presidential
candidate Taki's political party who died in 1990 while in
government custody, continued to be raised by the political
opposition. The Government maintains he died of natural causes,
while his family alleges torture and poisoning. A doctor who
attended Mlindre on the night of his death testified he was
unable to determine whether the death was natural or inflicted.
81
COMOROS
He said he lacked the means to perform an autopsy, and the
feunily insisted on immediate burial. No new information was
developed in 1991.
b. Disappearance
There were no reports of disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were no substantiated reports of torture or other cruel,
inhuman, or degrading treatment or punishment in 1991. However,
various opposition newspapers and human rights groups maintained
that Said Mlindre and others detained in August 1990, including
a journalist, had been tortured.
d. Arbitrary Arrest, Detention, or Exile
In 1991 there were no known cases of arbitrary arrest or
detention, although the circumstances surrounding the detention
of Said Mlindre and other Taki supporters had not been fully
clarified. After Djohar's election in March 1990, there were
clashes in early April between security forces and opposition
supporters . Eighteen of those involved were arrested and held
without charge. Fourteen were released in September and the
remaining four in October without coming to trial. The law
provides for a detained person to be charged within 48 hours,
but this procedure was not followed in the case of Mlindre and
the others arrested in 1990.
Nximerous opposition political figures, who had been abroad in
exile during the Abdallah period, returned to the Comoros in
early 1990 to participate in the presidential elections.
Mohammed Taki, who remained in self-imposed exile for most of
1991, returned to the Comoros at the end of the year.
e. Denial of Fair Public Trial
The 1978 Constitution provides for the equality of all citizens
before the law and the right of all accused to defense counsel.
The Comorian legal system applies Islamic law and an inherited
French legal code. Most disputes are settled by village elders
or by a civilian court of first instance. In regular civil and
criminal cases, the judiciary is largely independent, and trials
are public. However, in national security cases observed since
1990, suspects were never brought to trial. Most were
subsequently freed, but only after a period of detention of up
to 1 year . The Supreme Court has the power to review the
decisions of lower courts, including the Court of Appeals.
National security cases — involving attempts to destabilize the
country or overthrow the Government by violent means — are
handled in the regular court system.
In 1991 the only important national security case involved
members and supporters of the Supreme Court who attempted a
"legal coup d'etat" by declaring the President unfit for
office. They invoked articles of the Constitution which would
install the President of the Supreme Court as head of state.
The attempt failed, and six persons, including Supreme Court
President Ahmed Talidi, were placed under house arrest and
awaited trial at year's end. The President has stated that he
is willing to drop their case; however, the former head of the
Supreme Court still insists he should be head of state.
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COMOROS
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for the inviolability of home and
property. There were no known cases of arbitrary interference
with privacy or correspondence in 1991.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedoms of expression, thought,
and conscience. In contrast to the experience under the
Abdallah regime, these freedoms were generally respected during
1991. Comorians discussd and criticized the Government and its
leading personalities openly. A wide spectrum of political
views were aired in roundtable discussions leading up to the
1992 presidential elections. Radio broadcasts from Mayotte and
two French television stations are received on parts of the
islands without interference. Satellite antennas are popular,
and amateur radio licenses are easily obtained.
The print media continue to enjoy a significant degree of
openness, and several small independent newspapers are now
published. The semiofficial newspaper, which became a weekly,
publishes articles critical of some government policies. Lack
of funds and illiteracy are the biggest obstacles to wider
publication and distribution of the newspapers. Foreign
journals and newspapers are available, as are books from
abroad. The Paris-based Indian Ocean Newsletter and Lettre de
Comores, which are often highly critical of the Government,
arrive through the international mail without interference.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association. Under the late president Abdallah, Comorians were
circumspect about organizing public political gatherings, and
political groupings kept a fairly low profile. All of this
changed in 1990 and 1991 as new political parties were formed,
old ones were resurrected, and numerous rallies and assemblies
took place with a minimum of governmental interference. No
political parties have been banned. At the end of the year,
there were approximately 18 political parties.
c. Freedom of Religion
An overwhelming majority of the population is Sunni Muslim. The
Constitution holds Islam to be the "wellspring of the principles
and rules which guide the State and its institutions." The
State upholds the right of non-Muslims to practice their faith,
and there are churches for the small Catholic and Protestant
populations. Christian missions work in local hospitals and
schools, but by local custom they are not allowed to proselytize.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on travel within the country or
abroad, and exit visas are freely granted.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens now have the right to change their government through
peaceful means. No less than 14 political groups were
83
COMOROS
represented in the roundtable discussions held prior to the 1990
elections; 8 of these fielded candidates for the elections. The
candidates issued platforms of varying ideological positions,
which were published in the semiofficial newspaper. In the
second round runoff. Said Mohamed Djohar defeated Mohamed Taki
by gaining 55 perc-ent of the votes.
At the end of 1991, the Government consisted of a coalition of
five parties. The 1978 Constitution was being rewritten to give
legal status to a multiparty system and to provide for other
fundamental rights. After the presidential election in early
1990, it was envisioned that a new constitution could be quickly
written and ratified and that legislative elections could take
place in the fall of that year. However, the dates were
constantly postponed because of political, procedural, and
economic problems. Some parties insisted that the elections
should take place before the referendum on the constitution.
Further, the August 1991 coup attempt set back the political
reform timetable because of the prominence of the people and the
institution involved and the lack of established procedures to
guide the process (see Section i.e.). Legislative elections
must take place before March of 1992 as the legislators' terms
expire in that month.
Traditional social, religious, and economic institutions also
importantly influence the country's political life. Interisland
rivalries have been a persistent and growing factor. Village
notables and Muslim religious leaders tend to dominate local
politics.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
An organization called the Comorian Association for the Rights
of Man was established in May 1990. It has been active in
pursuing human rights causes, including the Said Mlindre case,
with no interference from the Government. This Association has
exerted pressure on the Government to free those prisoners
detained for probable political reasons but who have not been
charged with national security violations — with the exception of
those Supreme Court members currently under house arrest. The
Association tends to focus publicly on women's rights and on
raising the minimum wage.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution formally provides for the equality of citizens
regardless of race, sex, or religion. Nevertheless, within
Comorian society, men have the dominant role. In theory, women
have the right to vote and participate in the political process
as candidates, but tradition has been a powerful force in
discouraging women from direct participation in politics.
Change in the status of women is most evident in the major
towns, where women are finding increasing employment
opportunities in the small paid labor force and generally
receiving wages comparable to those of men in similar work,
However, school enrollments for females are well below those for
males. In August the first Comorian woman was appointed to a
high government position: Sittou Raghadat Mohamed was named
Secretary of State for Population and the Condition of Women. A
Comorian Women's Federation, formed in late 1989, aims to
assemble and propose a family bill of rights. Women are not
required to wear a veil. Property rights do not disfavor women;
for example, the house the father of the bride traditionally
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84
COMOROS
provided to the couple at the time of their marriage remains her
property, even in the case of divorce.
Violence against women, including wife beating, occurs.
However, medical authorities, the Women's Federation, and the
police believe that violence against women is rare, partly
because of the nonviolent nature of Comorian society. The
Government has not addressed this issue specifically, and there
are no studies or statistics available to help determine the
extent of the problem. In principle, a woman can seek
protection through the courts in the case of violence, but in
reality the issue would most likely be addressed within the
extended family or at the village level. Female circumcision is
not known to be practiced in the Comoros.
Section 6 Worker Rights
a. The Right of Association
The Constitution allows workers to form unions and to strike,
but these rights only became a reality in 1990 and 1991 with the
association of some workers into unions. Farming on small land
holdings, subsistence fishing, and petty commerce make up the
daily activity of most of the population. Hence, the wage labor
force is small (less than 2,000 excluding government
employees). For the first time in 1990, however, groups of
teachers, civil servants, and dock workers — which in previous
years formed temporary associations to press their
demands — formed into unions for purposes of collective action.
In 1991 there were work stoppages and slowdowns by all three
groups. The Government did not interfere with these actions,
but the basic issues of low or late wages remained unsolved
because of the country's financial and economic problems.
Unions are free to join in confederations and to associate with
international bodies, although given the nascent state of union
development these rights have not yet been exercised.
b. The Right to Organize and Bargain Collectively
Laws do not prohibit antiunion discrimination or protect
collective bargaining, which is still in its infancy in the
Comoros. Labor legislation, to the extent that it exists, is
found mainly in the Labor Code, which is not rigidly enforced.
The Labor Code does not address collective bargaining. The
private sector sets wages by informal employee/employer
negotiations. Public workers' wages are set by government
policy through the Ministries of Finance and Labor. Economic
rather than political impediments stand in the way of a more
active role by labor organizations. Unofficial unemployment
figures exceed 70 percent. There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is forbidden by the Constitution and
not practiced.
d. Minimum Age for Employment of Children
The Labor Code defines 15 years as the minimum age for the
employment of children. The Ministry of Labor is lax about
enforcing this provision. Child labor is not an issue due to
the lack of employment opportunities for adolescents and young
adults. Children generally help with the work of their families
in the large subsistence farming and fishing sector.
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e. Acceptable Conditions of Work
There is a legislated minimum wage, but it is barely adequate to
cover basic human needs. However, most workers also have access
to some subsistence agriculture or fishing and receive support
from the extended family. The hours of work in any one job
rarely exceed 35 hours per week. The Government periodically
reminds employers to respect the Labor Code, which guarantees a
day off per week, plus a month of paid vacation per year, but
does not set a maximum workweek. Overall, there are very few
standards set by the Ministry of Labor. As there is virtually
no manufacturing, little attention has been given to health and
safety standards in this sector.
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The Congo's political system changed dramatically in 1991 as
the country ended decades of one-party, Marxist rule and
installed a transitional government mandated to prepare the way
for democratic, multiparty elections in 1992. Assuming
sovereign powers, the National Conference, composed of some
1,200 delegates from a broad cross-section of institutions,
organizations, and social groups, met from February 25 to June
10 to chart a new political course for the country. The
National Conference permitted the President of the Republic,
Denis Sassou Nguesso, to remain in office but with only
ceremonial duties; elected Prime Minister Andre Milongo to
serve as interim Head of Government; adopted the Fundamental
Act, including a comprehensive bill of rights, to serve as an
interim constitution; and elected a 153-member Superior Council
of the Republic to serve as an interim legislative body.
Shortly before the Conference, the 12-year-old regime of Sassou
Nguesso had legalized political parties and had instituted a
number of other democratic reforms, including freedom of
speech, press, and assembly. A new constitution will be put up
for referendum sometime in early 1992. At year's end, some 100
political parties had begun their campaigns for local,
legislative, and presidential elections scheduled for the first
6 months of 1992.
Formerly, the Congolese military was closely tied to the
Congolese Workers Party (PCT) under the one-party regime. It
was responsible along with the State Security Organization
(DGSE) for internal security and suppressing dissident
activity. High-ranking military officers held party positions,
and party-designated "political officers" served at all levels
of the military. In January these positions were abolished,
and active membership in any political party became
incompatible with holding a military commission. Throughout
the National Conference the military played a neutral,
apolitical role. It ensured the security of the conference
hall and the delegates, but did not, as an organization,
participate in the proceedings. The transition Government
reorganized the country's security services and abolished the
military-commanded DGSE, leaving the civilian police with
responsibility for law enforcement and public order.
The economy is highly dependent on petroleum earnings.
Declining oil prices since 1985 have forced the Government to
seek debt relief and cooperate with international institutions
in implementing a long-term, austerity readjustment program,
including a gradual shift toward a free market economy.
Congo's economic difficulties were a major impetus for
political and economic reform in 1991.
The human rights situation improved significantly in 1991. The
National Conference decisions, if effectively implemented, hold
the potential for entrenching real democratic reform and the
enjoyment of a broad array of civil and political liberties.
However, early in 1992 units of the military seized control of
parts of Brazzaville and demanded the replacement of Prime
Minister Milongo, thus threatening the democratic transition.
After several days of tension, the military returned to its
barracks, the Prime Minister announced a cabinet reshuffle, and
the provisional legislature set dates for elections. Human
rights problems in 1991 included police beatings of detainees
(a problem which has apparently not diminished during the
transition period), harsh prison conditions, and documented
reports of the existence of slavery in remote parts of the
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country. In response to a large influx of people fleeing
serious unrest in Zaire, the Government deported 10,000
Zairians, including many who had been resident in the Congo for
years .
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of such killings authorized or condoned
by the transition Government, or by the Congo's military or
security forces.
b. Disappearance
There were no reports of disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The new Congolese bill of rights forbids the use of torture,
and there were no reports of its use by the current
Government. Justice in the Congo remains somewhat arbitrary:
shopkeepers still beat marketplace thieves with impunity, and
the local police reportedly still regularly beat detainees,
especially those who allegedly resist arrest.
As the Government has officially acknowledged, prison
conditions are bad. The prisons are old and were never
designed for long-term detentions, since under French rule
convicted felons were sent out of the country. Between 30 to
100 prisoners are currently kept in one large cell. They sleep
on the floor and subsist on a single meal per day. There are
no exercise or educational facilities, and medical care is
rare. Women prisoners are kept separate from the men.
d. Arbitrary Arrest, Detention, or Exile
The new bill of rights forbids arbitrary arrest, detention, or
exile. There is no evidence that the interim Government has
engaged in any of these practices.
The current Code of Penal Procedure requires that a detainee be
brought before a judge within 3 days and that a detainee must
be charged or released within 3 months . However , these
protections are frequently ignored in practice. The time
between arrest and trial can extend to years, with bail often
denied arbitrarily. Official indifference and insufficient
personnel to handle case loads are major factors in
perpetuating these abuses.
The Government does not use forced exile as a means of
political control. All voluntary exiles from the former regime
have been invited to return. Some members of the previous
government have gone into self-imposed exile rather than face
prosecution for past crimes.
e. Denial of Fair Public Trial
The court system continues to be modeled on the French system
and consists, under the new Government, of three levels: local
courts, courts of appeal, and the Supreme Court. All "special"
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courts have been abolished, as have secret trials. The accused
has a right to a lawyer of his own choice, with the State
paying the fees in cases of poverty.
Judges are required to have a degree in judicial studies and,
after due service on the bench, may be appointed by Parliament
to a term on the Supreme Court. It is too early to estimate
the degree of independence judges will be able to exercise.
Congo's traditional courts still handle many local disputes,
especially property cases. They operate in urban as well as
rural areas. Many domestic disputes are also adjudicated
within the context of the extended family.
The present and future Governments are faced with the problem
of coming to terms with the human rights abuses and economic
crimes of the past. Several former high officials have already
been sentenced to long jail terms for embezzlement.
Prosecutions for human rights violations will probably not take
place until an elected government is in power. Former
officials suspected of crimes or civil rights abuses are not
prevented from traveling abroad.
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Current law requires a warrant for all searches and forbids the
police to conduct searches during the hours of darkness. The
Government has publicly announced that the police have limited
powers and encourages people to insist on their rights. The
secret police, which was formerly responsible for the
surveillance of citizens antagonistic to the Government, has
been disbanded. The new Government outlawed wiretapping and
the maintenance of security files on citizens who have not been
accused of violating the law.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The new bill of rights provides for complete freedom of
expression. People on the street talk freely and are often
quite critical of past and present political figures, something
that was impossible a year ago.
There is no longer an official government newspaper. It has
been replaced by numerous private newspapers operating without
hindrance. The broadcast media, radio and television, are
still state owned, although the journalists belong to an
independent union and are allowed to disagree on the air with
government positions. To help eliminate the Marxist bias in
the media, the Government transferred some state reporters
hired by the old government, who under Congolese law are almost
impossible to discharge, to the provinces where they would have
less influence on national politics. There are, in principle,
no barriers besides economic ones to the establishment of
private radio and television services.
b. Freedom of Peaceful Assembly and Association
The new bill of rights guarantees the freedom to assemble and
associate without government interference. Those wishing to
hold public assemblies must inform the Minister of the
Interior, who reserves the right to forbid assemblies inimical
to public peace or welfare. In practice, permission was almost
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never denied since the new Government came to power. The right
of political parties to form was widely exercised. The single
political party of the former government has been replaced by
nearly 80 independent parties, which compete freely for members
and office.
c. Freedom of Religion
There is no state religion; the people are free to join any
church or practice any religion. Denominations not already
established in the Congo (there were only seven allowed by the
former government) must complete a rather cumbersome
registration process. Local missionaries report no hindrance
either before or after registration. According to the Ministry
of the Interior, registration is for the sole purpose of
granting legal status. The current Government is in the
process of returning church property confiscated by the former
regime. Church leaders of the seven denominations recognized
by the former regime were active in the National Conference and
continue to play a role in the interim Government.
The Jehovah's Witnesses, prohibited in previous years, are
again active and held a large public rally in 1991. As far as
is known, the Government has not restricted the activities of
this group.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The new bill of rights grants freedom of movement both inside
and outside the country, and there are, in practice, no
restrictions on travel. In contrast to the past, there were no
reports of arbitrary, politically motivated denials of
passports by the transition Government. The office formerly
responsible for controlling movement within the Congo has been
abolished.
The Congolese have traditionally been hospitable to refugees,
allowing them to enter, obtain work, and have access to
government services on the same basis as Congolese citizens.
The Government was especially helpful during the September and
October evacuations from Zaire, setting up refugee processing
centers for African and European evacuees and providing food,
shelter, and assistance with onward travel arrangements. The
large influx of Zairians, however, strained this traditional
policy, and, declaring the Zairians to be economic migrants,
the Government forcibly deported about 10,000 Zairians,
including many who had lived in the Congo for years.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens acting through the National Conference forced a
peaceful change in government in 1991. The Conference
abolished the old one-party system, set multiparty elections
for 1992, and established a broadly based transitional
Government headed by Prime Minister Milongo. If followed to
completion, this process will result in a functioning democracy
by the end of 1992, governed by a Prime Minister and a
bicameral legislative body. Under the future constitution, the
President of the Republic will almost certainly have more
responsibility than the ceremonial duties now entrusted to
President Sassou Nguesso. The proposed constitution has been
published and awaits the upcoming referendum.
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Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are several domestic human rights organizations, which
include the National Committee on Hiaman Rights, headed by Dr.
Norbert Lamini (see Section 5), the Congolese Human Rights
League, and a committee of the Congolese Association of Women
Lawyers. All have criticized aspects of past government human
rights practices.
Section 5 Discrimination Based of Race, Sex, Religion,
Language, or Social Status
The new bill of rights forbids all discrimination on any basis
and requires equal pay for equal work. A small group of about
7,000 Pygmies, who live in the northern forests, are isolated
from the mainstream of Congolese life, but there is no official
discrimination against them. However, missionaries report that
nurses at some government medical centers frequently refuse to
provide services to Pygmies. Congolese human rights activist
Dr. Norbert Lamini reported finding "incontrovertible evidence"
of the practice of traditional, ancestral slavery in parts of
the Congo, especially the keeping of Pygmy slaves by Bantu
farmers in the rural north of the country, around the district
capital of Ouesso. Dr. Lamini also reported evidence of
Bantu/Bantu slavery in the port city of Pointe Noire.
There is no officially sanctioned discrimination against women
in the Congo, except in the area of adultery, which is legal
for men, but not for women. Despite the lack of legal
discrimination, there remains a large disparity between the
salaries of men and women and in educational opportunities.
According to a 1991 United Nations study, females receive only
33 percent of the schooling males receive. Moreover, although
several women have attained high official status, women in
general often find themselves relegated to a secondary role in
both urban and rural areas.
Polygamy is legal and widely practiced, but a woman may, at a
state-sponsored wedding, bind her future husband, with his
agreement, to a monogamous marriage. An estimated 80 percent
of urban women have the opportunity to choose monogamy. In the
villages the figure is less than 20 percent. There are no
statistics available concerning the percentage of polygamous or
monogamous marriages. The husband, father, or other male head
of family has considerable legal or actual control over the
activities of female family members. Indeed, on the death of
the husband, the wife is often lumped together with the
husband's other moveable property and parceled out to the
relatives. The husband's power is often moderated by the
influence of the extended family.
Anecdotal evidence suggests that violence against women,
especially wife beating, is not uncommon, but there are no
statistics available. Family violence against women is
generally handled in the context of the extended family rather
than in the formal judicial system. Female circumcision is not
practiced among the Congolese. The new Government has not
addressed the issue of violence against women.
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Section 6 Worker Rights
a. The Right of Association
The Labor Code affirms the right of workers to associate
freely, and there, are no restrictions on the formation of trade
unions. The right to join a union is also protected under
Article 15 of the new Bill of Rights. The former single
confederation, the Congolese Trade Union Confederation (CSC),
has lost its official status but is still the only umbrella
orgcinization in the country. The checkoff system which gave
the CSC much of its power was abolished in June by Decree
91-672 of the interim Government. After the CSC lost its
monopoly status, numerous small unions based on employment
interests were established. Unions may now freely form and
join federations or confederations and affiliate with and
participate in international trade union bodies. The new
Congolese trade uniions have not yet contracted any formal
international affiliations, but a number of them cooperate with
foreign, usually French, counterparts.
Unions are free to strike, but in theory a strike may not take
place until after both parties, employer and union, have gone
through a process of nonbinding arbitration under the auspices
of the regional inspector of the Department of Labor . The
Government reserves the right to halt all strikes that are
"inimical to the public order," a phrase which it currently
interprets to mean "violent." There were several strikes in
1991, especially in the oil sector. There were also brief
transportation strikes and general strikes. Most of these
occurred in Pointe Noire and took place without government
interference.
b. The Right to Organize and Bargain Collectively
The free union system is recent, and not all the methods of
bargaining and mediation have yet been worked out. In the
past, wages were determined by agreement between the union,
Unicongo (the employers' group), and the Ministry of Labor.
The salary schedules were then published in one of the many
"conventions" that exist for each industry.
The unions are currently engaged in a common effort to
accomplish three major goals: (1) gain higher wages; (2)
tenure more categories of workers (making them extremely
expensive to fire, even in cases of economic contraction); and
(3) prevent the privatization of the old state monopolies.
Goals one and two are part of every current bargaining
session. These sessions are frequently tinged with violence;
and several death threats against employers were reported in
1991. The third goal is presently in abeyance as the State has
not yet abolished any of its monopolies. However, this may
become an issue after the June 1992 elections, when a popularly
elected government is expected to begin promised restucturing
of state-owned enterprises.
Differences between workers and employers are adjudicated in
special labor courts jointly administered by the Departments of
Justice and Labor, with oversight by the Supreme Court. These
labor courts have jurisdiction over all labor issues, not just
those involving unions.
There are no special export processing zones in the Congo.
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c. Prohibition of Forced or Compulsory Labor
Forced labor, except as part of the penal process, is forbidden
under the new bill of rights and is not currently practiced.
Traditional forms of slavery, however, persist in parts of the
country (see Section 5).
d. Minimum Age for Employment of Children
The minimum age for employment is 16. This is enforced only in
the formal wage sector by the Ministry of Labor. Children
often work at younger ages on family farms in the large
sxibsistence agricultural sector.
e. Acceptable Conditions of Work
The Government sets a minimum wage, theoretically at a level
that allows for "human dignity." In those trades subject to
"conventions," (see Section 6.b.) the agreed upon minimxim wages
are all considerably higher than the legal minimum. However,
even these wages are often guite low in comparison to the cost
of living and many workers hold second jobs, practice
subsistence agriculture, or receive help from the extended
family. The Labor Code specifies not only reasonable pay, but
also paid holidays, sick leave, overtime after 40 hours a week,
and regular days of leisure. Health and safety standards are
supposed to be enforced by twice yearly visits by officers from
the Ministry of Labor. An informal survey suggests that the
inspections are made but on a less than regular basis.
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COTE D ' IVOIRE
Power in Cote d'lvoire is concentrated in President Felix
Houphouet-Boigny, who has been the country's leader since
independence, and in the political party he foiinded, the
Democratic Party of Cote d'lvoire (PDCI). After many years as
a de facto one-party state. Cote d'lvoire adopted a multiparty
political system in 1990 and held multiparty elections at the
presidential, legislative, and municipal levels. In the same
year, the President appointed a Prime Minister who serves at
his pleasure. Despite genuine reforms which have resulted in a
flourishing of political parties and opposition groups,
Houphouet-Boigny and the PDCI, winners of the 1990 elections,
continue to dominate all levels of government.
Cote d'lvoire's security apparatus includes the Security Police
(Surete) and the Gendarmerie, a branch of the armed forces with
responsibility for general law enforcement. The Gendarmerie is
the primary police organization outside the cities and is under
the Ministry of Defense.
During the 1980 's. Cote d'lvoire was squeezed by a heavy debt
burden and falling prices for its exports, principally cocoa,
coffee, and tropical woods. Per capita annual income slipped
in recent years from well over $1,000 to about $700. After
reaching agreement with the International Monetary Fund (IMF)
and World Bank on a stabilization program in 1989, the
Government brought its budget under tighter control, instituted
changes in the tax code, and launched an ambitious program of
privatization and administrative reform.
Human rights in general improved in 1991 as the Government came
to accept the existence of various opposition groupings and a
vigorous and vigilant press. Nonetheless, there were serious
human rights violations, including physical abuse resulting in
the death of one soldier and a raid on university dormitories
in which three young women were repeatedly raped, and many
students severely beaten. Security forces sometimes use
beatings to extract confessions or as punishment. Further, the
Government clamped down on the press for defamation of public
officials and insulting the President.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no known political killings by government forces;
one student was killed by other students (see Sec. l.d.). In
the only known extrajudicial killing, according to credible
reports Corporal Benjamin Ble Liade died on July 19 as a result
of severe physical abuse while being interrogated by the army
in connection with an alleged mutiny.
b. Disappearance
There were no substantiated reports of officially sanctioned
abduction or disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Criminal suspects are sometimes beaten by the police in order
to extract a confession or as, punishment . Non-Ivorian Africans
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COTE D'lVOIRE
residing in Cote d'lvoire are routinely treated more roughly by
police on arrest than are Ivorians. There were no instances in
1991 of officials being punished for mistreatment of detainees
or prisoners.
On May 17-18, military commandos staged a midnight raid on
University of Abidjan dormitories in Yopougon to arrest
dissident student leaders. Three women were repeatedly raped
by soldiers, and several students were severely beaten. The
soldiers forced students to engage in humiliating acts such as
licking up the blood of fellow students. Under public
pressure. President Houphouet-Boigny established a Commission
of Inquiry which reported to him on November 15. The report
was only made public on January 29, 1992. The President did
not accept the Commission's recommendation that those persons
identified as responsible be punished.
Sanitary conditions in many prisons are abysmal. Common
problems include open sewers, lack of bathing facilities,
unclean food, and infestation by rats and mice. Such
conditions at the Yopougon Prison resulted in an outbreak of
cholera in early September which killed some 50 prisoners.
d. Arbitrary Arrest, Detention, or Exile
Under the Code of Penal Procedure, a public prosecutor may
order the detention of a suspect for up to 48 hours without
bringing charges. The Code dictates that longer detention must
be ordered by a magistrate, who may authorize periods of up to
4 months, but who must also provide the Minister of Justice, on
a monthly basis, a written justification for continued
detention. There have been some reports that local police have
held persons for more than 48 hours without bringing charges.
Defendants are not guaranteed the right to a judicial
determination of the legality of their detention. The
Government has been known in the past to have critics convicted
on trumped-up criminal charges so as to avoid being accused of
holding political detainees. Over 100 students were detained
briefly after the May events, even though most were innocent of
any wrongdoing.
Following the June 17 murder of Zebie Thierry, a reputed
government -hi red thug, by a University of Abidjan student mob,
some 20 students were arrested and jailed. Two of them were
charged with murder, instigation, and destruction of property.
The others were held without charge until President
Houphouet-Boigny ordered their release 2 months later.
In the past, some prominent critics of the Government have
chosen to live and work abroad. With the restoration of a
multiparty political system in 1990, however, many of those
with serious political aims returned. Political exiles from a
number of countries have found Cote d'lvoire a hospitable safe
haven as long as they do not engage in political activities
directed against their home governments.
e. Denial of a Fair Public Trial
The modern judicial system is headed by a Supreme Court and
includes a Court of Appeals and lower courts. Although the
judiciary is generally considered independent of the executive
in ordinary criminal cases, in practice as well as under the
Constitution's separation of powers provisions, the judiciary
follows the lead of the executive in cases concerning perceived
national security issues. There have also been credible
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COTE D ' IVOIRE
reports that the courts have given lenient treatment to persons
with personal connections to the Government.
Ivorian law establishes the right to a public trial, although
key evidence is sometimes given in camera. Defendants have the
right to be present at their trials, and their innocence is
presumed. Those Convicted have the right of appeal, though in
practice verdicts are rarely overturned. Defendants accused of
felonies or capital crimes have the right to legal counsel, and
the judicial system provides for court-appointed attorneys for
indigent defendants. In practice, many defendants cannot
afford private counsel, and court-appointed attorneys are not
readily available.
In rural areas, justice is often administered at the village
level through traditional institutions which handle domestic
disputes, minor land questions, and family law. Dispute
resolution is by extended debate, with no known instances of
resort to physical punishment. These traditional courts are
increasingly superseded by the formal judicial system.
Civilians are not tried by military courts. Although there are
no appellate courts within the military justice system, persons
convicted by a military tribunal may petition the Supreme Court
to set aside the tribunal's verdict and order a retrial.
It is a crime, punishable by 3 months to 2 years in prison, to
offend the President. In 1991 a journalist, who wrote that
President Houphouet-Boigny had "lost his reason" and was a
"tyrant," and his publisher were convicted and served 3 months
and 2 months, respectively, in prison. They also paid
substantial fines. A businessman. Innocent Anaky, who was
widely believed to have been charged with financial impropriety
because of his political activities, was convicted and given an
unusually harsh 20-year sentence. He served nearly 3 years in
prison until his release in a general amnesty on September 29.
The total number of political prisoners is unknown but is
believed to be small. The Government claims that there are
none.
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
In Cote d'lvoire's multiparty political system, citizens are
free to join any political party or none at all. However,
public officials and employees of state-owned corporations are
subjected to pressure to become members of the PDCI . Party
membership lists are sometimes passed to employees by their
supervisors, and those who fail to sign up are believed to
suffer in terms of promotion.
The Code of Penal Procedure specifies that a police official or
investigative magistrate may conduct searches of homes without
a judicial warrant if there is reason to believe that there is
evidence on the premises concerning a crime. The official must
have the prosecutor's agreement to retain any objects seized in
the search and is required to have witnesses to the search,
which may not take place between the hours of 9 p.m. and 4 a.m.
The police sometimes use a general search warrant without a
name or address . Such was the case in mid-July when the houses
of three prominent opposition leaders were searched in
connection with the Zebie killing a month earlier. None of
those searched had been at the scene of the crime, and no
incriminating evidence was found in their homes. In addition,
the police have entered homes of foreign Africans (or rounded
them up on the streets), taken them to the local police
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COTE D ' IVOIRE
Station, and extorted small amounts of money for alleged minor
offenses. In October officials of the Bureau of Mines in
Odienne, without notice, burned down a mining camp in which
about 500 people were living. According to the officials, the
miners had been working without a permit. There is an ongoing
government investigation of the incident, but no results have
yet been released nor has anyone been charged.
There are credible reports that the police used informers at
the University of Abidjan to provide data on dissident
political activity. Private telephone conversations are
believed to be monitored to some degree, although the extent of
such monitoring is unknown. There is no evidence that private
correspondence is monitored.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Free expression is provided for in the Constitution, but until
recently this right was significantly limited in practice. In
1991 public criticism of government policies and even of the
President was common. Critics of the Government express
themselves in informal situations without fear of reprisal.
The Government operates the radio and television networks and
uses these media to promote its policies. Most of the news
programming is devoted to coverage of the activities of the
President, the Government, and the PDCI . The opposition
parties repeatedly appealed to the Minister of Communication to
grant them greater access to the state-run broadcast media.
The National Assembly President negotiated an agreement with
the opposition to increase coverage of opposition policies and
viewpoints. As a result, coverage has increased.
The variety of newspapers expanded significantly in 1991 to a
total of more than 20. There are now four daily newspapers.
Those with the widest circulation, Fraternite-Matin and the
evening paper Ivoire Soir, are government run. In 1991 both
newspapers ran stories critical of government policies and
increased their coverage of the political opposition. A third
daily. La Voie, is an organ of the Ivorian Popular Front (FPI),
Cote d' Ivoire 's strongest opposition party. Finally, La
Chronique du Soir is independent. Most of the weekly
newspapers are either affiliated with opposition political
parties or, if unaffiliated, nevertheless critical of the
Government. Foreign publications circulate freely, but the
Government occasionally expels foreign journalists who write
unfavorable articles. An Agence France Presse journalist, who
inaccurately reported that students were killed in the Yopougon
raid of May 17-18, was expelled from the country.
Although criticism of government policies is tolerated, insults
or attacks on the honor of the country's highest officials are
not. Two Ivorian journalists served jail sentences in 1991 for
offending the President. In addition, six journalists from
four newspapers were convicted on November 6 for alleging
without proof that the Prime Minister was corrupt. Each was
given a suspended sentence of 2 months in jail and a fine of
about $3,500. The National Assembly President strongly
criticized the press in an October speech, accusing them of
"violence of the pen." A press law was enacted in December
which created a new commission to enforce laws against
publishing defamatory material or material "undermining the
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COTE D ' IVOIRE
credit of the nation." The law imposes stiff penalties,
including the seizure of offending newspapers.
Many prominent Ivorian scholars are active in opposition
politics and have not suffered professionally. The Government
insists, however, that teachers separate their political
activity from their work in the classroom.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly is guaranteed by the Constitution but in
practice is restricted when the Government perceives a
significant and immediate danger to public order. Although
opposition parties believe that the Constitution permits
private associations of any sort, the Government disagrees, and
all organizations must register before commencing activities.
Registration is sometimes denied, and this device has prevented
the formation of some political parties, although 40 were
registered by the end of the year. Further, Ivorian law
prohibits the formation of political parties along ethnic or
religious lines.
Permits are required for public meetings and are sometimes
denied to the opposition but never to the PDCI . Gatherings
occasionally are prohibited to prevent the expression of
controversial views in public forums. Following the Yopougon
raid of May 17-18, the Ivorian League of Human Rights (LIDHO)
applied for permission to organize a protest march. The
Minister of Interior and Security proposed an itinerary which
was unacceptable to LIDHO. On June 5, LIDHO demonstrated
without a permit. Police used truncheons and tear gas to
disperse the peaceful crowd, and eight people were injured.
On June 17, several thousand students rioted at the University
of Abidjan, and part of the mob killed a reputed government
agent (see Section l.d.). Three days later, the Prime Minister
ordered the prosecution of the executive board of the
Federation of Students and Pupils of Cote d'lvoire (FESCI) for
incitement to murder, and he dissolved FESCI under the law
which prohibits associations from provoking public disorder.
c. Freedom of Religion
There are no known impediments to religious expression. There
is no dominant religion, and no faith is officially favored by
the Government. The open practice of religion is permitted,
and there are no restrictions on religious ceremonies or
teaching.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Government exercises minimal control over domestic travel.
However, there are numerous internal roadblocks at which
persons are frequently harassed, and small amounts of money are
extorted for contrived or minor infractions.
Ivorians normally can travel abroad and emigrate freely. In
1991, however, teachers were required to present to the Ivorian
passport control before boarding an airplane the written
authorization of the Ministry of Education; if they were on
strike, authorization was denied. Ivorians have the right of
voluntary repatriation. There are no known cases of revocation
of citizenship.
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COTE D' IVOIRE
Cote d'lvoire's refugee and asylum practices are liberal. The
country has resettled or granted safe haven to many refugees
from different countries. In 1990 more than 230,000 refugees
from the Liberian civil war entered the country, and most
stayed through 1991. While in Cote d'lvoire, refugees receive
1-year renewable resident visas for their first 5 years in the
country, after which they may apply for permanent residence.
The Liberians are a special case; the Government expects that
they will go back to Liberia as soon as that country returns to
normal. The Government is actively involved in managing
Liberian refugee relief, even though most resources come from
foreign and international donors. The continued arrival of
Liberians in 1991 has led the Government to fear that relief is
acting as a magnet. It has established a committee to review
the case of each new arrival to determine whether the person
should be accorded refugee status. The Government is reluctant
to implement self-sufficiency activities that might encourage
refugees to remain in Cote d' Ivore.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
President Houphouet-Boigny and the PDCI were returned to power
in 1990 in the first multiparty presidential, legislative, and
municipal elections since independence. Proceedings were
marred by some serious irregularities. Only at the end of 1991
did the National Assembly, which has the authority to decide on
the validity of the elections of its members, convene a
committee to decide whether irregularities in 11 districts
would invalidate the results.
Before the presidential elections, the National Assembly
effectively restricted the number of candidates by imposing the
stringent requirement that each candidate must pay a large
deposit (approximately $80,000), refundable only if the
candidate received more than 10 percent of the vote in the
first round of balloting. Opposition parties, which became
legal only in May 1990, charged that there had been inadequate
time to prepare for elections held during October-December of
the same year. Further, they faced onerous restrictions on
holding meetings and demonstrations and unecpaal access to the
state-controlled media. There were numerous assertions by
opposition parties of ballot box stuffing, procedural
irregularities, and fictitious, or late-designated, polling
places. In the legislative election, the names of well over
100 duly registered candidates did not appear on the ballot.
President Houphouet-Boigny is both Head of State and president
of the PDCI. In late 1990, he appointed a Prime Minister in
whose hands are concentrated most day-to-day governmental
affairs and much economic power. The Prime Minister serves at
the pleasure of the President. The PDCI holds 165 of the 175
seats in the National Assembly, which is subordinate to the
Executive branch. The Assembly confirms and ratifies
legislative initiatives received from the President. Under the
President's leadership, the party is governed by an 86-member
Central Committee and a 418-member Political Bureau. The PDCI
is a conservative party which has accepted the new multiparty
political system. The chief opposition party, the FPI, calls
for a more honest and democratic government and an end to
cronyism.
Elections for President, the National Assembly, and municipal
councils are held every 5 years, with the next elections
scheduled for 1995. Although under the Constitution only
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COTE D ' IVOIRE
citizens are entitled to vote, the electoral law extends voting
rights to non-Ivorian Africans living in Cote d'lvoire, who
constitute approximately one-third of the country's
population. There is a secret ballot.
Section 4 Governmental Attitudes Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
An internal, independent human rights organization, the Ivorian
League of Human Rights (LIDHO), was formed in 1987 and was
recognized by the Government in July 1990. The League has
actively investigated alleged violations of human rights and
issued press releases and reports, some of which were critical
of the Government. In June 1991, the Ivorian Association for
the Promotion of Human Rights (AIPDH) was established for the
purpose of improving Ivorians' awareness of their basic
rights. The group's first major project consisted of
translating human rights documents into local languages.
Neither LIDHO nor AIPDH has been impeded by the Government (see
Section 2.b. ) .
The Government has been cooperative in the past towards
international inquiries into its human rights practices.
Although the Government has not responded publicly to appeals
from Amnesty International and the International Labor
Organization (ILO), it has subsecjuently taken positive action
to correct abuses.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There is no overt, official discrimination based on race, sex,
religion, language, or social status. Although French is the
official language and the language of instruction in the
schools, radio and television programs are broadcast in major
local languages. Social and economic mobility are not limited
by policy or custom on the basis of ethnicity or religion, but
there are pronounced inec[ualities based on sex, with males
clearly playing the preponderant role overall.
While some Ivorian traditional societies accord women
considerable political and economic power, in rural areas
tribal customs dictate that menial tasks are performed mostly
by women, although farm work by men is also common. Government
policy is to encourage full participation by women in social
and economic life, but there is considerable informal
resistance among employers to hiring women, who may be
considered "undependable" by virtue of potential pregnancy.
Clitoral excision, which is illegal in Cote d'lvoire, is
nevertheless practiced particularly among the rural population
in the north and west. The operation, which usually takes
place at puberty as one part of a rite of passage, is generally
performed outside modern medical facilities and can be
extremely painful and dangerous to health. The Government does
not make strong efforts to prevent the practice, and social
pressures are sufficiently strong that it persists,
particularly in small villages where the tribal chief is the
primary decisionmaker. Excision is becoming less common as the
population becomes better educated.
Violence against women, especially wife beating, is neither
widely practiced nor tacitly condoned. However,
representatives of women's organizations state that wife
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COTE D ' IVOIRE
beating does occur, often leading to divorce. Doctors state
that they rarely see the victims of domestic violence. A
severe social stigma is attached to domestic violence of any
kind; neighbors will often intervene in a domestic quarrel to
protect a person who is the object of physical abuse. The
courts and police view domestic violence as a family problem
unless serious bodily harm is inflicted, in which case criminal
proceedings do take place. The Government has no clear-cut
policy regarding wife beating beyond the obvious strictures
against violence in the civil code.
Section 6 Worker Rights
a. The Right of Association
Workers have the right to form unions under the Labor Code of
1964, but union membership is not mandatory. For almost 30
years the government-sponsored labor confederation, the General
Union of Workers of Cote d'lvoire (UGTCI), dominated union
activity, except for the independent university teachers',
secondary school teachers', and doctors' unions. In 1991
several formerly UGTCI-af filiated unions including those
representing transport, media, customs, and bank workers broke
away and became independent. An independent labor federation,
Dignite, was officially authorized in 1990 but has attracted
few members. The leader of the UGTCI occupies a senior
position in the PDCI hierarchy. The UGTCI is a relatively
passive coordination mechanism rather than an active force for
worker rights, although it has had some success in improving
working conditions and safety standards. The UGTCI represents
approximately one-third to one-half of the organizable work
force. Independent unions tend to be more activist than those
within the UGTCI structure. ,Some of the independent unions
have links to opposition political parties.
In March gendarmes broke up an extraordinary congress of the
secondary school teachers' union, using billy clubs and whips.
The Union congress voted in a new Secretary General, whom the
Government refused to recognize. The previous Secretary
General was perceived by the union membership as being too
close to the ruling PDCI. In November the progovernment
faction of the union elected a different Secretary General with
the result that there are two claimants on the position. The
leader of an independent trade union was repeatedly called in
for questioning by security authorities during 1991.
The right to strike is protected in the Constitution and by
statute. The ILO's Committee of Experts in 1991, however,
reiterated earlier observations that the Labor Code gives the
President excessive power to submit an industrial dispute to
compulsory arbitration in order to bring an end to a strike.
The Constitution requires a protracted series of negotiations
and a 6-day notification period before a strike may be held,
effectively making legal strikes difficult to organize.
Strikes are seldom authorized by the UGTCI; however,
independent unions freely strike. In 1991 university teachers,
secondary school teachers, media workers, and doctors held
strikes. Although the Government declared the strikes illegal,
it met many of the strikers' demands.
The UGTCI, which is a member of the Organization of African
Trade. Union Unity, formally prohibits its individual trade
unions from forming or maintaining affiliations with other
international professional organizations in their fields.
Independent unions may freely affiliate with international
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COTE D' IVOIRE
bodies. Dignite is a member of the World Confederation of
Labor .
b. The Right to Organize and Bargain Collectively
The Labor Code grants all Ivorians the right to join unions and
to bargain collectively. Collective bargaining agreements are
in effect in many major business enterprises and sectors of the
civil service. In most cases in which wages are not
established in negotiations between unions and employers,
salaries are set by job category in the Ministry of Employment
and Civil Service. A law prohibiting antiunion discrimination
is enforced by labor inspectors. There are no export
processing zones.
c. Prohibition of Forced or Compulsory Labor
There have been no reports of forced labor, which is prohibited
by law.
d. Minimum Wage for Employment of Children
In most instances, the legal working minimum age is 16, and the
Ministry of Employment and Civil Service enforces this
provision effectively in the civil service and in large
multinational companies. However, children often work on
family farms, and in Abidjan some children routinely act as
street traders and vendors of consumer goods in the informal
sector. There are also reports of children working in what
could be described as sweatshop conditions in small workshops.
Many children leave the formal school system at an early age;
lower grade education is mandatory but far from universally
enforced, particularly in rural areas.
e. Acceptable Conditions of Work
Cote d'lvoire has an administratively determined monthly wage
rate which was last adjusted in January 1986. A slightly
higher rate applies to construction workers. The minimum wage
is enforced only with respect to salaried workers employed by
the Government or registered with Social Security. Minimxim
wages vary according to occupation, with the lowest
insufficient to provide a decent standard of living for a
worker and his family. The majority of Ivorians work in
agriculture or the informal sector where the minimum wage does
not apply.
Through the Ministry of Employment and Civil Service, the
Government enforces a comprehensive Labor Code governing the
terms and conditions of service for wage earners and salaried
workers and providing for occupational safety and health
standards . Those employed in the modern sector are reasonably
protected against unjust compensation, excessive hours, and
capricious discharge from employment. The standard legal
workweek is 40 hours. The law requires overtime payment on a
graduated scale for hours in excess of the standard.
In the large informal sector of the economy, involving both
urban and rural workers, the Government's occupational health
and safety regulations are enforced erratically at best.
Government labor inspectors are empowered to order employers to
improve substandard conditions and, if the employer fails to
comply, fines can be levied by a labor court.
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DJIBOUTI
Djibouti is a one-party state ruled since independence in 1977
by President Hassan Gouled Aptidon and his People's Assembly
for Progress (RPP), which has been the only lawful political
party since 1981. Public life in Djibouti is dominated by two
ethnic groups, the politically predominant Issa (the Somali-
origin tribe of the President) and the Afar (who are also
numerous in Ethiopia). The Afar are the largest single tribe,
but they are outnumbered by the combined Somali ethnic elements
in Djibouti, among whom the Issa are the largest and most
influential component. The Presidency is considered reserved
for an Issa, and the Prime Ministry for an Afar. The various
ethnic groups are represented proportionally in the Cabinet and
political bodies, yet the result is a dominant role for the
Issa in civil service, party, and armed forces.
Djibouti's security services include three police agencies:
the National Security Force (FNS) and the National Police, both
under the Ministry of the Interior, and the Gendarmerie
(military police), under the Ministry of Defense. The security
services and the Gendarmerie in particular have earned a
reputation for using torture and other abusive treatment of
detainees which continued undiminished in 1991. France assures
Djibouti's external security and maintains a force of some
3,800 military personnel (ground, air, and naval) in Djibouti.
Djibouti's arid soil is unproductive, and there is no industry;
commerce and services for the 10,000 expatriate (mostly French)
residents and operation of the seaport and airport account for
most of the gross domestic product. Although the State is the
largest employer, persons are free to pursue private business
interests and to hold personal and real property.
The human rights climate in Djibouti deteriorated significantly
during 1991. In addition to continuing use of torture and
restrictions on freedom of speech, press, assembly, and
association, an RPP congress rejected political pluralism, and
the Government detained a number of persons demonstrating
peacefully in favor of multiparty democracy. In January,
following an armed rebel attack in the north, security forces
engaged in mass arrests of Afar, many of whom were tortured
during interrogations. At the end of the year, ethnic unrest
in the north deteriorated into a civil war between an Afar
rebel coalition called the Front for the Restoration of Unity
and Democracy (FRUD) and government forces. In December
secarity forces opened fire on Afar civilians in the city of
Djibouti who refused to cooperate with government searches of
their homes, killing 40 and wounding an additional 50.
Mistreatment of illegal immigrants and refugees by gendarmes
resulted in the death of at least 10 by suffocation.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no incidents of targeted political or extrajudicial
killing during 1991. However, on December 18, security forces
opened fire on Afars who refused to cooperate with government
searches of their homes in the city of Djibouti, resulting in
40 dead and 50 wounded.
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DJIBOUTI
Throughout 1991 the security forces frequently and harshly
mistreated refugees fleeing conflict in Somalia and Ethiopia.
In one egregious incident in September, following an indiscrim-
inate roundup of Ethiopians, Somalis, and Djiboutians, the
gendarmes placed 58 detainees in two tiny, almost airless
prison rooms. The inhumane conditions resulted in at least
10 persons — the official count — dying through suffocation. The
Government's investigation of the incident resulted in minor
disciplinary actions, including the dismissal of two officers
and the razing of the prison where the 10 died.
b. Disappeareuice
A group of 16 persons, who were arrested after the January
attack and subsequently released, complained to the judicial
authorities that as many as 400 people, mostly Afars,
disappeared in January, without any official explanation.
Most were subsecjuently released.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The law requires officials to "respect the moral and physical
dignity of the prisoner." Nevertheless, there were frequent
reports of torture in 1991, including the documentation of many
cases. In particular, the security forces use harsh
interrogation methods, including the use of severe beatings in
handling detainees, especially political/security suspects and
undocumented aliens. The practice continues both because of
official indifference and inadec[uate training of the security
forces concerning citizens' rights.
Following an attack in January by Afar rebels on the military
barracks in Tadjourah, security forces repeatedly raided the
Afar community, arresting hundreds and torturing many. Most
were subsecjuently released. However, a letter from 16 detainees
implicated 22 officers of the FNS and Gendarmerie, accusing
them of being agents of torture. They said the methods of
torture included spinning the victim until he becomes
unconscious, forced ingestion of water, sodomization with glass
bottles, electric shocks administered to the genitals of men
and to the breasts of women, suspension by feet and by hands,
and "shark fishing" in which a bound victim is towed behind a
powerboat in the open sea. The Government did not undertake an
investigation of the Tadjourah incident, and no one was
punished for the many extralegal abuses.
Prison conditions are harsh, especially in remote desert
regions, where political detainees and prisoners were
frequently sent in 1991.
d. Arbitrary Arrest, Detention, or Exile
By law, a person may be detained no more than 48 hours without
an examining magistrate's formal charge. In practice, this
deadline is ignored in cases of political interest. An accused
has the right to counsel, which in theory is provided by the
State if the accused is destitute. An accused person awaiting
trial may, by a judge's order, be released on bail or personal
recognizance, or be jailed pending the verdict.
Close to 70 persons, mainly Afars, were detained follov/ing the
January attack. Among those arrested in January on grounds of
state security were Ali Aref Bourhan, his nephew Aref Moheimed
Aref, and Mohamed Daoud Chehem, formerly director of finance.
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DJIBOUTI
In the National Assembly, the Prime Minister's chief of staff
accused the entire Aref family of attempting to overthrow the
State, participating in assassinations, and associating with
wrongdoers .
Omar Daoud, leader of a small armed Afar opposition group,
remained in prison awaiting trial at year's end. He was
arrested in June 1990.
Another notable case of arbitrary detention occurred in April
when Moh.amed Moussa "Tour-Tour" was arrested after
demonstrating peacefully in favor of multiparty democracy.
Whereas the Aref prisoners are of the minority Afar tribe,
Tour-Tour is an Issa and a former director of planning for the
President. The Ministry of Justice acknowledged the illegality
of his imprisonment, but the Ministry of Interior did not
relent until September 8, when Tour-Tour was released without
explanation for his 5 months of detention.
The Government does not use political exile as a means of
punishment. There are, however, several opposition figures in
self-exile in France.
e. Denial of Fair Public Trial
Djibouti's legal system is a mixture of Djiboutian legislation
and executive decrees, French codified law adopted at
independence, Shari'a (Islamic law), and traditions of the
native nomadic peoples. Crimes in urban areas are dealt with
according to French-inspired law and judicial practice in the
regular courts. Civil actions may be brought in the regular
courts, or in traditional court according to tribal customs.
Shari'a courts handle only family matters (marriage, divorce,
inheritance, etc.). Decisions of all three court systems may
be appealed to the Supreme Court. Proceedings in all courts
except the State Security Court are open to the public. The
judiciary is especially susceptible to government influence in
cases of political interest. Many of the magistrates and
judges are political appointees with little or no legal
training.
The special State Security Court may hear in closed session
cases of espionage, treason, and acts threatening the public
order or the "interest of the Republic." Extensive delays are
typical in such cases due to their political sensitivity. This
Court convened on December 22 to hear the case of Ali Aref and
other Afars accused of coup plotting, but it postponed the
trial at the defense's request — until July 1992. In the
meantime the defendants remain jailed.
Opposition figures challenge the legitimacy of the State
Security Court and the legality of the executive order which
established it, claiming the Court exists primarily to
"adjudicate" the cases of political prisoners held according to
the wishes of the President and his security apparatus. The
Government has responded positively to domestic and
international suggestions for judicial reform. The State
Security Court is now subject to the appeal process before the
Supreme Court, and while the December session was not open to
the public, journalists and family members, as well as
diplomats, were allowed to attend.
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DJIBOUTI
f . Arbitrary Interference with Privacy, Family* Home, or
Correspondence
Security forces in the city of Djibouti recommenced periodic
roundups during which the FNS and the Gendarmerie
indiscriminately incarcerate loiterers, many of whom are
undocumented refugees. The Gendarmerie typically refuses to
respond to family inquiries regarding people who disappear
during these roundups. There were no known instances of
arbitrary interference with correspondence.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
These freedoms are seriously restricted. Those who express
public views that are critical of or perceived as threatening
to the Government face prosecution for common crimes or
detention without charge for short periods. During 1991,
unprecedentedly frank discussions took place within the party
over political reform (see Section 3). Despite the ban on free
political expression, critics of the regime have published
clandestine tracts and manifestos th^t circulate widely in
Djibouti .
Djibouti's radio and television stations and one newspaper (a
French- language weekly) are all government owned and operated.
The Government's avowed policy is to coordinate the
dissemination of information "in the interest of national
development." The news media do report on social and national
development problems in Djibouti, such as the acquired
immunodeficiency syndrome (AIDS) problem and female
circumcision, but the Government itself and its policies are
not criticized. The media avoid domestic politics and ethnic
strife in neighboring Somalia and Ethiopia, although the
collapse of the Mengistu regime in Ethiopia and the Siad Barre
regime in Somalia received significant coverage.
Foreign journalists (e.g., British Broadcasting Corporation
Somali Service) or members of international organizations,
including from the staff of the United Nations High
Commissioner for Refugees (UNHCR) , in Djibouti were expelled
during 1991 for discussing ethnic tensions. Copies of one
issue of a Paris daily newspaper were temporarily held off
newsstands in July because of an article criticizing Djibouti's
treatment of Ethiopian escapees in May and June. Issues of the
monthly Tribune of the Opposition, and those of the Paris
weekly, the Indian Ocean Newsletter, are also banned. People
found in possession of these periodicals may be arrested.
b. Freedom of Peaceful Assembly and Association
The Government effectively bans political protest by selective
enforcement of piiblic assembly permit laws. Permits for
political meetings are not issued outside party auspices.
Prodemocracy demonstrations in April followed a March RPP
decision not to accept political pluralism. The leader of the
first demonstration, Mohamed Moussa Tour-Tour, was arrested and
detained in the remote military outpost of Moulehoule where he
was confined for several months until released following a
hunger strike. Four other prodemocracy demonstrators were
arrested on April 23 for their political activities (namely,
demanding Tour-Tour's release); they were released 2 weeks
later .
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DJIBOUTI
c. Freedom of Religion
Djibouti respects freedom of religion for all faiths.
Virtually the entire population is Sunni Muslim, but the
Government imposes no sanctions on those who choose to ignore
Islamic teachings on such matters as diet, alcohol consumption,
and religious fasting.
The expatriate community supports Roman Catholic, French
Protestant, Greek Orthodox, and Ethiopian Orthodox churches.
Less than 1 percent of the native population belongs to these
Christian congregations. Foreign clergy and missionaries may
perform charitable works, but proselytizing is a highly
sensitive issue and, while not illegal, is discouraged.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Djiboiitians travel freely within Djibouti and may live and work
where they choose. Djiboutians leave for, and return from,
foreign countries without restriction or interference, except
for travel to Israel or South Africa. The passports of members
of the Aref family were withheld in January prior to their
detainment .
Djibouti cooperates with the UNHCR to assist the approximately
1,500 registered Ethiopian refugees in the country, many of
whom returned to Ethiopia in August. Following the collapse of
the Mengistu regime in neighboring Ethiopia, Djibouti faced a
massive influx of fleeing Ethiopian army personnel and their
families. With the assistance of the French military, most of
these soldiers were stopped or were forced back across the
border. Many refugees were returned to Ethiopia without UNHCR
supervision to certify that their repatriation was voluntary.
Those that refused to return were not accorded refugee status
but received better treatment than Somali refugees.
As a matter of policy the Government does not recognize as
refugees the approximately 94,000 Somali nationals who have
fled the Somali civil war. The Government has an informal
agreement with UNHCR that these refugees will not be forcibly
repatriated if they do not "cause trouble," but UNHCR in fact
has limited ability to extend protection to these persons, and
the Government's policy has resulted in inadequate water
supplies and medical care as well as malnutrition for the
Somalis .
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
All legal political activity is conducted within Djibouti's
single party, the People's Assembly for Progress (RPP) . As in
most Djiboutian institutions, the Issa have a dominant role in
the RPP, which has had a monopoly of power since the rival
Djiboutian People's Movement (MPD) was outlawed in 1981. The
party chooses the candidates for the Presidency and the
65-member National Assembly, a legislative body with limited
power. Presidential elections are held every 7 years, and
elections for the National Assembly every 5 years. Citizens
are encouraged to vote, but affirmative and negative ballots
must be cast in different boxes, making it obvious who votes
against the party.
In early 1991, the RPP held a congress which was marked by some
of the most open political debate in years. Several
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DJIBOUTI
participants called for the end of the single party system and
a move to multipartyism. The RPP rejected this proposal but
has now accepted the principle of political pluralism for the
elections to take place in May 1992. The impetus for change
has been the armed insurgency led by the FRUD coalition. The
Government has made -its democratization pledge contingent on
the cessation of hostilities.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government has not responded to repeated attempts by two
independent groups of Djiboutians to formally register a
"Djiboutian League for Hviman Rights." A third group has
complied with all the laws concerning Djiboutian associations
but has thus far failed to secure official sanction. The
International Committee of the Red Cross and Amnesty
International have had limited access to visit some, but not
all, of Djibouti's political prisoners. The Government has
also permitted inspection of prison facilities by foreign
diplomats. However, three UNHCR workers were expelled from
Djibouti, one of whom had been incarcerated for 7 hours.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Issa control the party, the civil service, and the military
as a result of the President's policy of assigning positions of
authority to members of his tribal grouping and in particular
his subclan, the Mammasan. Although other government positions
are apportioned according to relative tribal numbers, the
arrangement is suspect as no census figures have ever been
released. Perc[uisites and corruption have created a class of
wealthy bureaucrats who live far beyond the means of the
ordinary Djiboutian.
Women in Djibouti legally possess full civil rights but
traditionally play a secondary role in public life. Women are
active in small trade, as well as in the clerical and
secretarial fields. There are only a few women in the
professions (civil service, judiciary, teaching, and medicine)
and security services.
According to medical personnel, violence against women —
including rape and wife beating — occur. While data are
limited, such violence is still considered a relatively
infrequent occurrence. Neither the Government nor the
party-affiliated Djiboutian National Women's Union (UNFD) has
addressed the issue. Most domestic and community violence is
considered a family or clan matter, dealt with accordingly, and
therefore rarely brought to the attention of authorities. The
UNFD began a government-supported educational campaign against
female circumcision in 1988, but the campaign appears to have
had marginal impact, particularly in the northern districts,
where nomadic traditions of genital mutilation of young girls
(e.g., clitoral excision and the most dangerous form,
inf ibulation) are widely practiced. Recent judicial reforms
have stipulated that anyone found responsible for circumcision
of young girls that results in genital mutilation could face
5 years in prison and a $6,000 fine. By implication, circum-
cisions that are well performed are legal.
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DJIBOUTI
Section 6 Workers Rights
a. The Right of Association
Workers are free to join or not join unions as they choose, but
less than 20 percent of persons in the wage economy are union
members. Labor unions thus play a minimal role in Djibouti.
Many unions represent employees of only a single private or
state-owned enterprise. The Government exerts control over
individual unions through the single, state-
organized labor central, the General Union of Djiboutian
Workers (UGTD) . Although there is no legal bar to other labor
centrals, none exist, and the UGTD has no affiliations beyond
its membership in the continentwide official trade union body,
the Organization of African Trade Union Unity. Unions are free
to maintain relations and exchange programs with unions and
labor organizations in other countries.
Workers are free to strike, but there were no strikes in 1991.
b. The Right to Organize and Bargain Collectively
Although the law recognizes labor's right to organize and
bargain collectively, in practice, collective bargaining
virtually does not exist. Relations between employers and
workers are informal and paternalistic. Wages are in practice
established unilaterally by employers on the basis of Ministry
of Labor guidelines. When disputes about wages or health and
safety issues arise, the Ministry of Labor encourages direct,
ad hoc resolution by labor representatives and employers.
Either workers or employers may initiate a formal
administrative hearing mediated by the labor inspection service
of the Ministry of Labor.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
By law there is neither forced nor compulsory labor in
Djibouti, and there are no reports that it is practiced.
d. Minimum Age for Employment of Children
The legal minimum age of 14 years is generally respected;
however, the paucity of inspectors from the Ministry of Labor
makes it unlikely that investigations are ever carried out,
according to union sources. Children may and do work in
family-owned businesses such as restaurants and small shops,
including at night. Children are not employed under hazardous
conditions .
e. Acceptable Conditions of Work
Minimum wage rates are specified by government regulations
according to occupational categories and are enforced by the
Ministry of Labor. Last increased in 1980, minimum wages cover
a broad range of jobs. Many workers also receive housing or
housing allowances and transportation and food allowances, in
addition to mandatory seniority bonuses. In reality, wages are
lower than the official minimum. Families supplement their
incomes with second jobs or assistance from relatives.
By law the maximum workweek is 40 hours, often spread over
6 days. Overtime pay regulations are in effect. Workers are
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DJIBOUTI
guaranteed daily and weekly rest periods and paid annual
vacations. The Ministry of Labor is responsible for
occupational health and safety standards, wages, and work
hours. Enforcement of these standards, however, is
ineffective. Workers face hazardous working conditions,
particularly in the port where they are exposed to toxic
chemicals and are not properly clothed to handle these
materials. Workers in the electric company face equal hazards
and often work in temperatures exceeding 60 degrees Celsius.
Workers do not protest, as they fear being replaced by others
willing to accept the risks.
no
EQUATORIAL GUINEA
Equatorial Guinea is ruled by President Obiang Nguema Mbasogo
who, "in 1979, as Vice Ministep of Defense, overthrew Francisco
Macias, the ruthless dictator, of the country from its
independence in 1968. In 1982 a constitution was promulgated,
and Obioing officially declared the Government to be civilian.
In 1986 he established Equatorial Guinea's sole legal political
party, the Democratic Party of Equatorial Guinea (DPEG) . In
1989 Obiang staged the first presidential election since 1968;
as the only candidate, he was elected to a 7-year term. In a
November 1991 referendum, Obiang submitted to the electorate a
new Constitution which was not made readily available to the
public but was approved by 98.38 percent of those voting,
according to the Government. While providing for a multiparty
system, the new Constitution, which became law in December, was
on balance probably a step backwards for individual liberties
because it entrenched presidential powers and specifically
granted Obiang lifetime immunity from any legal proceeding.
As the country's most senior military officer. Brigadier
General Obiang dominates both the military and civilian
branches of the State, personally holding six cabinet
portfolios, including Defense, Foreign Affairs, and Mines and
Petroleum. Obiang' s Esangui clan and fellow Fang from the
Mongomo area hold an estimated 50 of the 70 most senior
official positions in the country.
Civilian and military security branches are responsible for
public order, augmented by a presidential guard of 400 to 600
men provided by Morocco. These forces historically have
committed the majority of human rights abuses, reportedly often
at the behest of senior government officials, who commonly have
been present at torture and interrogation sessions.
Equatorial Guineans live mainly by subsistence agriculture,
hunting, and fishing. Per capita annual income is
approximately $457. The small wage economy, based on cocoa,
lumber, and coffee, has not recovered from the devastation
caused by the death or exodus of thousands of trained and
educated citizens during the Macias era, although a very small
middle class has emerged in recent years. The country remains
heavily dependent on foreign aid.
Almost the entire spectrxom of human rights continued to be
tightly restricted. Despite President Obiang' s monopoly on
power, there were growing public pressures to institute a
multiparty political system. Most of those actively involved
in opposition activity have been from the professional classes
of all ethnic groups, majority Fang from outside of the Mongomo
area as well as Bubi, Ndowe, Combe, Annobonese, and other
minorities. The Government responded both by arresting,
detaining, and torturing its opponents, and, at a special DPEG
congress in August, by promising to institute carefully
controlled political reform from the top. By the end of the
year, through the new Constitution, Obiang seemed ready to
permit limited political opposition as long as it did not
present a real challenge to his power. As 1991 ended, however,
security forces had not relaxed their harassment of dissidents,
arresting at least 24 in Bata at the end of November and
another 3 late in December, and no opposition party had been
recognized.
Ill
EQOATORIAL GUINEA
RESPECT FOR HUMAN RIOTTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
No political killings were reported in 1991. One person
accused of witchcraft was tortured and beaten to death by
police (see Section i.e.).
b. Disappearance
There were no known disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment.
Police and other security forces continued routinely to
administer torture and other cruel forms of mistreatment to
prisoners. Authorities employed a wide variety of techniques,
including severe beatings with sticks and vrtiips, electric
shocks, hanging victims by their feet or arms, and applying hot
pepper sauce to sensitive areas of the anatomy. Physical as
well as psychological torture was used routinely as an aid in
interrogation and to intimidate and punish prisoners.
In July Manuel Nguema, Caspar o Asama, and Diosdado Nsue Abaga
were tortured for causing death by witchcraft. Nguema,
Equatorial Guinea's Consul at Calabar, had been home on leave
when his niece called out his name in her dying delirium. All
three men were accused, detained, and tortured. Nsue, \rtio was
detained and tortured a second time, died as a result. Three
women who interceded on Nsue s behalf were stripped by police
and brutally mistreated. Subsequently, four policemen were
convicted and sentenced to 8 to 10 years in prison for their
involvement in Nsue's death. A traditional healer also
convicted in the case was given a light sentence and released
after a few days, presumably because she was the wife and
sister of senior government officials. The police officer who
directed the beating was not punished.
In August the six men still imprisoned for participation in an
alleged 1988 coup plot were beaten with whips at Bata prison
and sxibsequently denied medical attention.
Prison conditions continued to be extremely harsh. Basic
amenities were rarely provided, and prisoners' essential needs
were largely supplied by their families or friends. The
Government is reported to provide only a single loaf of bread
per prisoner per day.
d. Arbitrary Arrest, Detention, or Exile
Despite constitutional provisions, there was little enforcement
of the rights of persons in detention to be charged or released
within a reasonable period of time, to have access to a lawyer,
or to be released on bail. Arbitrary arrests by security
forces or police are cornnonplace, often on spurious charges, in
order to extort money or to gain personal revenge. Many
detainees are held incommunicado, although the right to habeas
corpus and application for pretrial release are provided for in
the Constitution. The number of detainees — political as well
as criminal — held at the end of 1991 was not known.
112
EQUATORIAL GUINEA
The Goverrunent uses arbitrary arrest, interrogation, torture,
and banishment to remote villages to intimidate dissidents and
keep a viable opposition from forming. In May Alfonso Nsue
Mokuy, chief of special programming at Equatorial Guinea Radio
and Television; £usebio Abaga Ondo Maye, former ambassador to
the Soviet Union; and three other prominent officials accused
of supporting political pluralism were detained, interrogated
at security headquarters in Malabo, and banished to their home
villages. The banishment was rescinded after a short time. In
a similar case, Ricardo Nvu Mba was banished in February to his
home village where he remained at year's end.
In August, less than 2 weeks before a scheduled visit to
Equatorial Guinea by Spanish President Felipe Gonzalez, three
persons, including a journalist, were detained for several days
and fined after being interviewed by a visiting Spanish
journalist .
Sever?il persons living in Luba on Bioko Island, including the
Luba DPEG chief, the municipal secretary, and the director of
the public school, were accused of causing a death through
witchcraft, detained for more than a month, and tortured. They
were eventually released without charge.
Jesus Ela Abeme, former ambassador to France, was detained on
suspicion of distributing antigovernment literature, tortured,
held at security headquarters in Malabo for several weeks, and
then released without being formally charged.
The Government continues to maintain that it encourages exiles
to return to Equatorial Guinea, assuring them that they will
not be persecuted. At the same time, however, the Government
makes it clear that political activity outside the sole legal
party will not be tolerated. In November, 24 politically
related exiles from Libreville were arrested on their return
and held without charge for several weeks. Although they
reportedly had returned to participate in the multiparty system
announced in the new Constitution, most were eventually sent to
their home villages and warned to remain there and not to
become further involved in politics. There were credible
reports during December of continued harassment of people who
wished to participate in political groupings under the new
Constitution. Harassment took the form of surveillance, brief
detentions, summary dismissals from government employment, and
evictions from government-owned housing.
In July the Secretary General of the Reformed Church of
Equatorial Guinea, Jaime Sipoto, led a delegation to Geneva to
attend a conference of Equatorial Guinean exiles and human
rights and religious organizations. Upon returning to
Equatorial Guinea, Sipoto presented to President Obiang a
proposal for a committee of conference participants to visit
Equatorial Guinea to arrange for the return and reintegration
of the exiles. The proposal also included a plan for
democratic reform in Equatorial Guinea.
e. Denial of Fair Public Trial
There is a formal court structure, with the Supreme Court at
the apex, and also military and customary (traditional) court
systems. Traditional laws and customs are honored in the
formal court system when not in conflict with national law.
The tribunal provided for in the Constitution to decide
constitutional issues has never been established; in the
meantime, the Council of State — appointed by the President and
113
EQUATORIAL GUINEA
responsible to him — is empowered to rule on constitutional
questions. Under the Constitution, military tribunals hear all
capital cases.
There is no separation between the executive and the judiciary,
and Supreme Court justices serve at the pleasure of the
President. The executive branch acts with little respect or
understanding for judicial independence. The nation's mixture
of traditional law, military law, and Spanish rules and
procedures combines to produce an inconsistent system of
justice. Judges and court officials are poorly trained. There
is little concept of due process, and appellate proceedings are
virtually nonexistent. Defendants unable to afford legal
counsel stand little chance of acquittal. The fact that the
few lawyers (approximately 20) in the country depend on their
connections to the Government for a livelihood raises questions
about the impartiality of the defense their clients might
receive.
The Government appears to use charges of "kong" (traditional
witchcraft which is believed can cause injury or death) to jail
those suspected of engaging in proscribed political activity as
well as to gain personal revenge. Since the statutes of
Equatorial Guinea do not refer to witchcraft, such cases are
reportedly handled outside the normal court system by the
Director General of National Security, Armengol Ondo Nguema
(President Obiang's brother), and Ricardo Mangue, Chief of the
Appellate Court. In February 1990, the mayor of Ebebiyin and
five others were ordered imprisoned for periods of 4 to 23
years. Although no public trial was held, the men are believed
to have been accused of causing the death by "kong" of a
brother of the mayor, who was killed in a road accident. The
real reason for their arrest and incarceration is reliably
reported to be that they were attempting to form an opposition
political party. Apparently all six were released from prison
late in 1991.
The number of political and security prisoners held at the end
of 1991 was not known. Two of the six men held in connection
with the 1988 coup plot were freed from prison as part of a
limited prisoner release ordered by President Obiang. The six
had been convicted in unfair trials. Venancio Miko, imprisoned
since 1983 on charges of plotting a coup, was released at about
the same time.
In 1990 Spain and the United Nations Human Rights Commission
(UNHRC) jointly financed a visit to Equatorial Guinea by two
senior Spanish judges to review the court system and civil
registry and to make recommendations for improving them. The
judges presented a report to the UNHRC in Geneva and to the
Governments of Spain and Equatorial Guinea. The report
recommended measures to improve Equatorial Guinea's judicial
system and respect for human rights. Spain also agreed to
train judges who would then serve on the Supreme Court. There
has been no followup to the report on the part of the
Government of Equatorial Guinea, although the establishment of
an official human rights commission may have been one outcome
of their visit (see Section 4) .
f . Arbitrary Interference With Privacy, Family, Home, or
Correspondence
The Government sometimes places under surveillance persons it
deems suspicious. While many believe telephone conversations
are routinely monitored, there seems to be no deliberate
114
EQUATORIAL GUINEA
interference with correspondence. Although required by the
Constitution, search warrants are not normally used.
Section 2 Respect for Civil Liberties, Including
a. Freedom of Speech and Press
Public criticism of the Government is not tolerated. Several
employees of the government radio and television service were
detained for talking to a foreign journalist. In another case,
a journalist was threatened with death by a senior government
press official for filing a report which the official claimed
misrepresented President Obiang's views. The Government owns a
small occasional newspaper and the only television and radio
stations. Domestic news is government produced and contains no
criticism of the Government. International news items are
generally supplied by the Spanish agency EFE and other sources.
Distribution of foreign publications critical of the Government
is forbidden. Several persons were arrested or restricted to
their home villages for possession of the Spanish weekly
newsmagazine Cambio 16 containing articles critical of the
Government of Equatorial Guinea.
b. Freedom of Peaceful Assembly and Association
Despite constitutional provisions guaranteeing these freedoms,
the Government continues to ban opposition political
organizations and assemblies. Private nonpolitical groups,
such as professional organizations, churches, and sports
groups, require government approval to hold meetings.
c. Freedom of Religion
With one exception, freedom of religion is generally
respected. Jehovah's witnesses, originally banned from the
country in 1985 and harassed in 1986 and 1987, are still
prohibited from practicing their religion. Christianity,
mainly Roman Catholicism, is the predominant religion, often
interspersed with traditional religions. The Islamic and
Baha ' i faiths are also practiced openly. In general, active
proselytizing by Protestant denominations is discouraged, but
conversions are permitted. Government permission must be
obtained to open new places of worship. Foreign clergy and
missionaries continue to have an active role in educational
development. All denominations are allowed to participate in
charitable as well as religious activities.
A religious law promulgated in June forbade ministers of
religion to criticize the Government or state organizations in
their sermons. The new law seemed to be aimed at the Roman
Catholic Church, since some of its clergy, including the late
Archbishop of Malabo Raphael Nze Abuy, who died in July, had
publicly criticized the Government and called for greater
openness in the country and respect for human rights.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Citizens and residents of Equatorial Guinea generally may
travel freely within the country, but permits are needed to
visit Mount Basile, just south of Malabo, where a
communications center is situated, and Moka in the southern
part of Bioko Island. Police, who are poorly paid and trained,
often extort small payments for passage through traffic
checkpoints on major roads. At times police become abusive and
115
EQUATORIAL GUINEA
refused without valid reason to permit travelers to pass
checkpoints. There are restrictions on travel abroad,
including lengthy delays in obtaining passports. Both citizens
and residents of Equatorial Guinea must obtain exit permits,
issued by the security police, to leave the country. Many
Equato-Guineans leave the country without formal documentation
for both economic and political reasons and reside abroad,
mostly in Gabon, Cameroon, Spain, and France.
The Government publicly encourages Equato-Guineans abroad to
return, but in 1991 few did so. Severe Moto, exiled leader of
the Progressive Party, was denied the right to return to his
native country when the Ecjuatorial Guinean Embassy in Madrid
refused to renew his passport. Moto was also belittled by name
in the government-run press.
There are a number of workers from other African countries in
Equatorial Guinea. These workers sometimes must resort to
bribery to obtain legal registration but generally are free to
work and travel within the country.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The people of Equatorial Guinea do not have the right to change
their government by democratic means. President Obiang's
party, DPEG, is the only political party allowed to function as
of the end of 1991. Since its founding in 1986, only party
members have been permitted to be candidates in local as well
as national elections. The legislature is subordinate to the
executive with no independent authority; all governors are
appointed and removed by the President; all locally elected
officials serve at the pleasure of the President as well.
Nevertheless, there was growing public pressure throughout the
year, especially from the small professional class, to adopt a
multiparty political system. Obiang called a national
referendum on November 17 which approved a new Constitution —
reportedly by 98.38 percent of those voting. The Constitution
permits a multiparty system and separates the office of the
Chief of State, who would remain the President, from that of
the Head of Government, which would be a revamped office of
Prime Minister. The Constitution entrenched presidential power
and granted Obiang lifelong legal immunity for his actions
before, during, and after his term of office. The text of the
Constitution was not made public until after the referendum.
At the end of the year, security forces continued to harass
political dissidents as well as families of exiles involved in
politics abroad.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
In September 1990, citing an Amnesty International (AI) report
on torture in Equatorial Guinea, President Obiang announced
formation of a human rights commission. He did not name the
members of the commission until February 1991, and the
commission did not hold its first meeting until September.
Seven of 14 members are also members of the House of People's
Representatives (two of these are also ministers). At year's
end it appeared the commission would have largely a ceremonial
role. At the invitation of President Obiang, the United
Nations Human Rights Commission specialist, Volio Jimenez,
madean extensive trip in November during which he was given
access to prisons. His report is expected to be made public in
1992;
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EQUATORIAL GUINEA
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Although the law calls for equal treatment for all citizens,
ethnic groups are not granted the same rights and privileges.
The Fang comprise 75 percent of the population, the Bubi 15
percent, and other groups the remainder. A small number of
Fang clans, especially those of the President and relatives by
marriage, dominate all aspects of government, the military, and
social life. Discrimination against the Bubi and Fernandino of
Bioko Island, as well as the Ndowe and associated coastal
groups from the continent, is consistent, whether in the
granting of political office or the approval of academic
scholarships. There are, however, members of minority groups
in positions of prominence but with little real authority,
e.g., a Bubi has held the office of Prime Minister since 1982,
and the President of the House of People's Representatives is a
member of the Benga ethnic group from the island of Corisco.
Women are confined by custom to traditional roles, especially
in agriculture. Polygamy, which is widespread, contributes to
the secondary status given to women in society. According to
the Government, boys and girls, once they gain admission, are
equally likely to complete secondary school. However,
according to recent U.N. data, females in Equatorial Guinea
receive only one-fifth as much schooling as males. The
Constitution and laws guarantee equal rights for women, and
there is no legal discrimination in employment, though women
are largely excluded from some fields, such as the military, by
tradition. The Ministry for the Promotion of Women focuses on
agriculture, handicrafts, and professional training. It is
interested in developing women's agricultural cooperatives and
enrolling more women in the school of professional training in
Malabo.
According to medical professionals, violence against women,
particularly wife beating, is common. Child abuse is
uncommon. The Government has not addressed violence as an
issue and looks to the Ministry for the Promotion of Women to
advance the interests of women in Equatorial Guinean society.
According to the medical community, female circumcision is not
practiced in Equatorial Guinea.
Section 6 Worker Rights
a. The Right of Association
Workers do not have the right of free association. In the
small wage economy, no labor organizations exist, although
there are a few cooperatives with limited power. Strikes are
prohibited by law.
b. The Right to Organize and Bargain Collectively
There is no legislation regarding these rights or addressing
antiunion discrimination and no evidence of collective
bargaining by any group. Wages are set by the Government and
the employers, with little or no input by workers. The
employer must meet the minimum wage set by the Government, and
most companies pay above the government-established minimum.
There are no export processing or free trade zones.
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EQUATORIAL GUINEA
c. Prohibition of Forced or Compulsory Labor
Forced labor and slavery are prohibited by law, and slavery
does not exist in Equatorial Guinea. However, persons detained
without formal charges at Blackbich prison and security
headquarters in J^alabo and the police station in Luba during
1991 were forced to do day labor on the farms, at residential
construction sites, and in businesses of senior government
officials.
d. Minimum Age for Employment of Children
The legal minimum age for employment is 16, but there is no
enforcement of this law. Children younger than 16 commonly
assist families with agricultural production and sales.
e. Acceptable Conditions of Work
There is only a small industrial sector in the country. Most
salaried employment is provided by the Government, construction
companies, businesses providing retail goods and services, and
the plantation agricultural sector. In April 1990, the
Government increased the statutory minimum wage rates for
workers in nonagricultural sectors. The minimum wage law is
not widely enforced, and government employees are exempted from
its provisions. The minimum wage by itself does not provide a
worker and family with a decent living, and most of those with
regular salaried income have to supplement their earnings with
income from other sources or by farming. The law limits the
regular workweek to 48 hours and guarantees employees 1 rest
day per week, plus regularly scheduled national holidays. The
Labor Code offers comprehensive protection for workers from
occupational hazards, but it is not effectively enforced.
Safety and health committees which are explicitly sanctioned by
the Code do not function, and employees who protest unhealthful
or dangerous working conditions risk losing their jobs.
118
ETHIOPIA
A coalition of ethnic-based insurgencies toppled the repressive
regime of President Mengistu Haile-Mariam in late May, bringing
profound political changes to Ethiopia. The former president
flew into exile in Zimbabwe after losing a series of decisive
battles to an umbrella group known as the Ethiopian People's
Revolutionary Democratic Front (EPRDF) . In addition, the
Eritrean People's Liberation Front (EPLF) seized the Red Sea
coastline, ending a long struggle for control of the former
Italian colony of Eritrea. In July a broad-based national
conference adopted a charter establishing a multiparty
Transitional Government (TG) to organize democratic and
multiparty national elections before 1994. EPRDF Secretary
General Meles Zenawi was elected President of the TG. The
National Conference also acknowledged a separate provisional
government for Eritrea under EPLF Secretary General Issaias
Afwerki and endorsed an internationally supervised referendum
on Eritrea's political future to be held in 2 years.
The new leadership qpiickly dismantled the extensive military
and security apparatus of the Mengistu government, including
the police and surveillance operations by neighborhood
committees known as kebeles. The joint military/police force
of the TG consists of some 120,000 to 140,000 EPRDF regulars.
While retaining the kebele structure for administrative
purposes, the TG instituted a parallel system of thousands of
"Peace and Stability Committees" with sweeping powers of
investigation, arrest, and detention. Complicating the picture
were thousands of armed followers of other political groups
represented in the TG. At year's end, the TG had not been able
to eliminate armed ethnic clashes, particularly in the
countryside. In Eritrea, approximately 90,000 EPLF regulars
made up the provisional government's military/security force.
The civil war extended into the principal food producing and
coffee growing areas of Ethiopia, which was already one of the
world's least developed countries with an annual per capita
income of $120. When Mengistu' s government finally collapsed,
over a million civilians had been displaced by war; food and
fuel shortages were chronic; the national treasury was empty;
foreign exchange was reduced to less than 1 day of imports; and
inflation reached an annual rate of 21 percent. At year's end,
both the TG and EPLF provisional government had under
consideration draft plans calling for partial privatization and
market oriented reforms, leading in the direction of a mixed
economy .
Civil war remained the primary factor affecting human rights
during the first 5 months. All parties to the conflict
committed major violations, including summary executions,
although the majority of these came from the Mengistu forces
(see Section l.g.). The change of government brought a
significant improvement in human rights, particularly with
respect to freedom of speech, assembly, association, religion,
and travel. The new leaders in both Addis Ababa and Asmara
stated their commitment to the establishment of multiparty
democracy and rule of law with full respect for human rights.
They began important investigations into extrajudicial killings
and disappearances by the Mengistu regime. Nevertheless, there
were new and serious human rights abuses, notably in the hasty,
ill-prepared expulsions of non-Eritreans from Eritrea; in the
detentions without charge of thousands of former Mengistu
government officials; in the political disenf ranchisement of
former members of the now banned Workers' Party of Ethiopia
(WPE); in the use of force in response to growing criminal
119
ETHIOPIA
activity and political challenges; and, above all, in the
continuing ethnic instability and politically motivated
violence, which by the end of 1991 had taken several thousand
lives .
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
The Mengistu government carried out thousands of political and
extrajudicial killings during its 17 years in power. The
victims of these killings were suspected opponents of the
regime or sympathizers with any number of opposition groups;
ethnic Eritreans, Oromos, and Tigrayans were frequently
targeted. Captured insurgents were often executed.
Throughout the civil war, EPRDF forces generally abided by
conduct codes which forbid the killing of unarmed prisoners.
However, they frequently executed summarily accused looters,
whether civilian or military, including EPRDF members. EPRDF
radio appeals in March to the general public in Gonder and
Gojam to apprehend escaping Mengistu government officials
probably sparked some unnecessary killings, but those
surrendering to the EPRDF were given protection. Faced with
demonstrations during the first 2 days following their takeover
of Addis Ababa, the EPRDF acknowledged shooting at least nine
demonstrators dead, some of them armed. A number of accused
looters were also executed without trial. There were no
instances, however, of extrajudicial killing of former Mengistu
government officials.
After the TG came to power in July, there were dozens of
instances of violent clashes in the countryside between local
military elements of political parties within the TG. In a
number of instances, rival groups repeatedly engaged in
politically or ethnically motivated killings. The ready
availability of automatic weapons contributed to the problem.
In one such case, hundreds of members of one ethnic group were
slain by a rival group armed with automatic weapons on the
shores of Lake Abaya in early June. EPRDF and Oromo Liberation
Front (OLF) troops clashed in the Arsi region in November and
in the Welega and Harerge regions in December. Also in
December, local EPRDF forces fired on a motorcade carrying the
leader of the Sidamo Liberation Movement (SLM) in Awasa (Sidamo
region), resulting in at least one death. In this and other
cases, the national leadership of the political groups
intervened to mediate and investigate. When wrongdoing was
uncovered, the EPRDF appeared more likely to discipline its
members than other political groups.
In Eritrea the Mengistu government summarily executed dozens of
civilians during the first 5 months of the year. EPLF
assassination teams also targeted civilians whom it accused of
collaborating with the Mengistu government. At least four
civilians, including a member of the Mengistu government's
national parliament, were assassinated early in the year.
Since the EPLF provisional government took power in Eritrea in
late May, there have been no allegations of politically
motivated or extrajudicial killings.
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b. Disappearance
In previous years, thousands of suspected opponents of the
Mengistu government disappeared, and a number of Mengistu
government officials also disappeared in areas falling under
insurgent control.
Since the TG came to power in Addis Ababa, there have been
charges and countercharges among its various political parties
of politically motivated violence in the countryside, including
some disappearances of party workers.
In Eritrea, the former director of the Asmara police hospital
disappeared after being taken into EPLF custody in May.
International human rights organizations tried to trace reports
that a half-dozen other persons, most arrested in Addis Ababa
and repatriated to Eritrea, also disappeared while in EPLF
custody.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
During the Mengistu era, both political and criminal prisoners
were routinely subjected to physical abuse and torture,
including beatings and whippings, electrical shocks, and
suffocation, during interrogations. Female detainees were
frequently raped. Under the TG, Ethiopian television has aired
testimony from former victims of such torture.
There have been no allegations of torture in Ethiopian jails,
prisons, or detention centers since Mengistu' s ouster. Three
weeks after capturing Addis Ababa, the interim EPRDF
administration announced that all detained Mengistu government
officials would be treated humanely. The National Charter of
the TG abjures torture and other cruel, inhuman, or degrading
treatment or punishment.
d. Arbitrary Arrest, Detention, or Exile
Despite protections contained in the 1987 constitution,
citizens suspected of opposing the Mengistu government were
subject to arrest and detention without charge or judicial
review. In addition, thousands were detained without charge
over the years under states of emergency declared by the
Mengistu government in Eritrea and Tigray, which permitted
indefinite detention.
At the beginning of 1991, Mengistu 's government was believed to
have an estimated 500 persons under political detention, most
of them without charge. In the days immediately preceding the
EPRDF capture of Addis Ababa, Mengistu government jailers set
free most prisoners held in the city, criminal as well as
political. The TG denied inheriting any political prisoners
detained by the Mengistu government. The Mengistu government
did not use exile as a means of political control, but more
than 1 million citizens fled the country during the Mengistu
years to escape war and persecution.
The TG National Charter approved in July prohibits arbitrary
arrest, detention, and exile. Since their seizure of power in
late May, however, the new authorities have detained thousands
of civilians without charge, the largest number being senior
Mengistu government or WPE officials arrested solely because of
the position they held. Also detained were former Mengistu
government officials accused of corruption or believed involved
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in violations of humanitarian law. While thousands were
subsequently released, additional suspects continued to be
arrested on the recommendation of local Peace and Stability
Committees throughout the country. In addition, the TG set up
"Complaints Review and Grievance Clearing Committees" to
investigate allegations of corruption or abuse of power.
At year's end, the TG authorities acknowledged having 1,522
Mengistu government civilians under detention who had still not
been charged — a consequence, TG officials said, of abolishing
the Mengistu police force (formally charged with
investigations) and suspending Mengistu public prosecutors and
judges. In addition, other civilians, perhaps hundreds, have
been detained without charge by the EPRDF or other political
organizations around the country. In November the TG detained
four nationals from neighboring Djibouti without charge,
reportedly at the behest of the Djiboutian authorities. In the
absence of a police force, investigations became the
responsibility of EPRDF administrators, local Peace and
Stability Committees, Complaints Review Committees, and
personnel from the newly reconstituted Ministries of Internal
Affairs and Defense. The new judicial system was not yet in
place at the end of 1991.
With support from international donors, the TG demobilized the
majority of the 350,000 to 450,000 soldiers from the defeated
Mengistu army. According to the International Committee of the
Red Cross (ICRC), of the 250,000 former soldiers originally
held in TG detention facilities, all but 13,275 had been
released by the end of 1991. Of those still in detention,
9,500 were disabled war veterans accommodated for humanitarian
reasons, and 1,100 were former officers detained for possible
war crimes trials.
In Eritrea the Mengistu government had detained hundreds of
civilians suspected of sympathizing with the EPLF during the
first 5 months of the year. In the port of Aseb, several
hundred ethnic Eritreans and Tigrayans were also detained,
including drivers operating U.N. vehicles delivering relief
food. Of the 85,000 Mengistu military captured by the EPLF in
May (see Section l.g.), all but 900 had been repatriated to
Ethiopia by the end of the year. While no formal charges had
been brought against the 900, all were suspected of war
crimes. Under an agreement with the TG, these 900 were to be
repatriated to Ethiopia for possible trial. In addition, the
EPLF acknowledged having detained 300 Mengistu government and
WPE officials still under detention without charge in December,
as well as 600 other civilians accused of criminal offenses.
While difficult to evaluate, some human rights monitoring
groups believe the number of civilians detained in Eritrea at
year's end was several times the figure given by the EPLF.
The EPLF provisional government published new civil and
criminal codes on September 15 which contain a full range of
judicial safeguards, including habeas corpus and a 48-hour
limit on detention without charge (with the possibility of no
more than two 14-day extensions with judicial authorization) .
The EPLF provisional government does not use exile as a means
of political control.
e. Denial of Fair Public Trial
For the first 5 months of 1991, the judicial system was based
on the 1987 Mengistu government's constitution which
established a Supreme Court and regional courts elected by the
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respective parliaments. Separate military courts handled not
only trials involving the Mengistu government military but were
also set up in contested areas. Despite constitutional
provisions for judicial independence and public trials, cases
deemed political in nature were often subject to manipulation
and meddling by senior Mengistu officials.
The EPRDF capture of power brought sweeping changes in the
judicial system: the Mengistu government's Ministries of
Defense and Internal Affairs were disbanded and reorganized
only after a delay of 7 weeks; the entire police force was
dismissed (customs police and traffic police were later
reinstated); and government judges and public prosecutors were
suspended. EPRDF soldiers initially assumed all police
functions, but within weeks Peace and Stability Committees had
been established at most local and regional levels. On June
18, the EPRDF announced that all trials of Mengistu government
detainees would be fair and public, follow due process, be open
to international observers, with defendants having the right to
counsel. The TG National Charter approved in July also
promised fair and public trials before independent and
impartial tribunals, presumption of innocence, and no ex post
facto criminal laws.
As of late 1991, no trials of former Mengistu government
officials had begun. TG Ministers of Justice and Internal
Affairs were first appointed in August. By year's end, the
TG ' s overworked Council of Representatives still had not
established the independent judiciary called for in the July
Charter. The Council passed legislation at the end of December
establishing new police forces at the national and regional
level. A draft proposal to establish an office of the special
prosecutor for the cases of former Mengistu officials was
circulating. Investigations proceeded throughout the year,
however, carried out variously by local Peace and Stability
Committees which sometimes gathered testimony in public
meetings. Complaints Review and Grievance Clearing Committees
in the workplace, EPRDF administrators, and personnel from the
newly reconstituted Ministries of Internal Affairs and
Defense. The Council banned former WPE members from any
political activity, and hundreds of former WPE members lost
their jobs in some ministries, including noncareer diplomats
abroad. Others in the civil service, many of whom had joined
the WPE reluctantly or in order to further their careers, found
themselves increasingly harassed by their TG superiors.
In Eritrea the EPLF provisional government established a
separate judiciary in September. At the apex of the EPLF
provisional government's judicial system is a 12-member High
Court made up of legal professionals appointed by the EPLF
provisional government's Justice Secretary, who was responsible
for court administration. Appointments to lower courts were
made by the President of the High Court. Some judges from the
Mengistu government were retained. To ensure judicial
independence, judges were given immunity from arrest and were
subject to removal only by an independent committee.
Investigations into alleged wrongdoing were the reponsibility
of the EPLF provisional government's Secretary for Security,
whereas prosecutions fell to a newly established Attorney
General's office. The Eritrean court system became functional
only in November, and there had been no trials of former
Mengistu government officials by year's end.
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f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Mengistu government's police and security ignored
constitutional requirements to obtain warrants for the search
of offices or private homes, monitoring mail, or conducting
visual and electronic surveillance, and operated extensive nets
of informers, especially through urban kebeles.
During the first several weeks after their capture of Addis
Ababa and other cities, EPRDF forces conducted house-to-house
searches (sometimes involving forced entry) for firearms and
former Mengistu officials in hiding. The TG National Charter
approved in July prohibits arbitrary interference in privacy,
family, home, or correspondence. Nevertheless, complaints
remained common about intrusions into private premises by the
frequently rotated EPRDF troops who provided public security in
urban areas in the absence of a police force. Local Peace and
Stability Committees often appeared to act arbitrarily in
authorizing searches and arrests by the EPRDF. Unlicensed
possession of firearms continued to bedevil TG authorities, and
private and commercial vehicles were subject to random
searches. Former WPE members were required to report to their
local Committee every Sunday; failure to do so could result in
arrest .
The July National Charter explicitly condemned the Mengistu
government's previous coercive policies of resettlement and
villagization and promised priority attention to the
rehabilitation of persons uprooted under these programs.
In Eritrea the EPLF also engaged in searches of homes and
offices for firearms and Mengistu government officials in
hiding. By October the EPLF provisional government authorities
said legal protections against warrantless searches were in
place.
g. Use of Excessive Force and Violations of Hiimanitarian
Law in Internal Conflicts
Untold thousands of civilians died in the civil war which ended
in May 1991. All parties to the conflict at times engaged in
military operations with scant regard for civilian lives.
There is no reliable estimate of the number of civilian
casualties during the final months of the war.
The Mengistu government stepped up its enlistment efforts to
include all veterans, retired police and security officers, and
reservists, some in their 50 ' s and 60 's. Despite guidance that
new recruits be 18 years or older, some recruits as young as 14
were caught up in indiscriminate sweeps outside schools or in
marketplaces. Lethal force was sometimes used in stopping
those trying to avoid recruitment. While relying primarily on
volunteers, the EPLF, EPRDF, and OLF on occasion enlisted
minors, some as young as those conscripted by Mengistu' s
government .
The retreating Mengistu government military units generally
exercised good discipline with regard to treatment of civilians
in the final months of the war. In some instances, however,
such as in Nekemte (Welega region) in late March, in Ambo
(Shewa region) in mid-April, and in western Eritrea in late
May, there were credible allegations of robbery, rape,
beatings, and killings of civilians by undisciplined Mengistu
troops. EPRDF and EPLF soldiers showed a high degree of
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discipline and 9ivi^ behavior toward civilians throughout the
final stages of the war.
Upwards of 1,000 civilians died on May 28 while attempting to
loot a munitions plant booby-trapped by the Mengistu government
in the Addis Ababa suburb of Gulele. Another 140 civilians
died and 150 were wounded when former Mengistu government
military personnel sabotaged a munitions dump in the Nefas Silk
suburb on June 4. The explosion and resulting fire also left
7,000 homeless.
Treatment of captured Mengistu government military personnel
was reportedly good, thereby enabling the insurgents to recruit
large numbers into their ranks. Nevertheless, the former rebel
groups and the Mengistu government alike refused to accord
those captured prisoner of war status and barred the ICRC
access throughout the course of the war. Shortly after
capturing Asmara, the EPLF expelled an ICRC medical team there
that had been assisting with war wounded. The ICRC office in
Addis Ababa remained open after the EPRDF took power and worked
closely with the TG in setting up transit camps for demobilized
Mengistu government soldiers. In December the TG authorized
the ICRC to visit all former Mengistu government and WPE
civilians remaining in detention.
The international relief structure largely held together
throughout the year, although military operations occasionally
interfered with the flow of relief. While not as a result of
deliberate effort by the Mengistu government or its opponents,
the war seriously disrupted the flow of relief to Somali and
Sudanese refugee camps in the southeast and southwest,
resulting in serious food ration deficits in some camps.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press did not exist under the Mengistu
government. The government strictly controlled the content of
the state-owned and -operated information media, and individual
expression of unauthorized political opinions or views could
and did result in imprisonment.
The TG's National Charter, approved in July, provides for
freedom of opinion and expression and the right to impart these
through any media, although, pending action on a new press law,
all broadcast and most print media remained under state control
through the end of 1991. Nevertheless, individuals and
political groups, including those critical of the TG, had
access to the state-controlled media. A TG proclamation
guaranteeing free and equal access by all political
organizations to state-controlled broadcast and print media
took effect in November and appeared to be respected in
practice. Three political parties (the EPRDF, the OLF, and the
Oromo People's Democratic Organization, or OPDO) began
publishing their own newspapers in the fall. Ethiopia's first
independent tabloid newspaper began appearing irregularly by
year's end. Owing to lack of foreign exchange, newsprint
remained in short supply, and foreign magazines and newspapers
were not readily available.
In Eritrea the EPLF provisional government abolished the
Mengistu government's censorship boards. It imposed no
restrictions on independent newspapers, and four small
newspapers printed by Eritrean religious organizations
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circulated freely. In September the EPLF government introduced
a new government newspaper, which due to shortage of newsprint
was published only twice a week. The availability of foreign
magazines and newspapers was also restricted due to lack of
foreign exchange. The state-controlled newspaper and radio
broadcasts allowed access to opposition views.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly and association expanded greatly during
1991. Despite constitutional guarantees, the Mengistu
government did not allow citizens to organize or demonstrate
against official policies, and it influenced or controlled most
organizations in the country.
The day after entering Addis Ababa, the EPRDF banned
demonstrations after several turned violent. In the weeks that
followed, however, the EPRDF interim administration permitted
dozens of peaceful demonstrations. The July National Charter
endorsed freedom of association, peaceable assembly, and the
right to engage in unrestricted political activity and to
organize political parties. On August 15, the TG issued a
proclamation recognizing the right to demonstrate, and popular
demonstrations became routine around the country, including
those protesting TG policies.
While there was a proliferation of political organizations (59
by the end of the year) after the TG was formed, not all
political parties were free to organize. Mengistu 's WPE and
its various appendages were dissolved after the EPRDF seized
power in late May. The ban was later endorsed by the TG's
Council of Representatives in August.
While not formally banned, certain expatriate groups which
reject the principles of the National Charter were also not
free to organize in the country, among them: the Coalition of
Ethiopian Democratic Forces, the Ethiopian People's
Revolutionary Party, and the All-Ethiopian Socialist Movement
(MEISON) . On August 15, the TG issued a proclamation requiring
organizers to inform authorities of public political meetings
48 hours in advance. While implementation of the proclamation
did not prove restrictive to organizations which gave notice,
in some cases local EPRDF administrators in the countryside
cited the proclamation as justification for breaking up
unauthorized political meetings and sometimes arresting
participants. In November three executives of the United
Democratic Nationals (UDN) party were arrested after
participants in an authorized UDN demonstration attacked TG
security personnel. The UDN leaders were charged with
responsibility for the incident under the terms of their
demonstration permit, and a trial in one of the civilian courts
still functioning was scheduled for January 1992. As of the
end of 1991, the need for procedures for registering political
parties and other organizations was under discussion in the TG
Council of Representatives.
In Eritrea, by contrast, the EPLF was synonymous with the
provisional government, and there were no restrictions on the
freedom of assembly; no permits for meetings were recjuired.
EPLF provisional government leaders declared all individuals
and groups were entitled to express their views freely in the
period leading up to the referendum. As of late 1991, no rules
for the registration of political or other organizations had
been drafted.
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c. Freedom of Religion
Following the 1974 revolution, the Ethiopian Orthodox Church
lost its status as state church and saw its extensive land
holdings — perhaps as much as 30 percent of all cultivated land
at the time — confiscated by the State. Under the Mengistu
government, all religions were declared equal, but WPE members
were prohibited from religious worship services, and references
to any deity were not allowed to appear in the media. Certain
religions, particularly foreign Protestant evangelical
organizations, were persecuted for alleged political
activities, their leaders arrested, their followers sometimes
killed, and many churches closed. The Jehovah's Witnesses were
totally banned.
Since coming to power in July, TG officials have advocated
complete freedom of religion. The July National Charter
guaranteed freedom of religion, including private and public
worship and the right of conversion. Across southern Ethiopia,
the TG returned hundreds of Protestant churches closed by the
Mengistu government in the late 1970 's. It lifted the ban on
the Jehovah's Witnesses; 4,000 adherents held their first Bible
study in public in September. The construction of some
mosques, halted 15 years ago, resumed. Links with foreign
religious bodies were freely allowed.
The TG authorities appeared to intervene, however, in Ethiopian
Orthodox Church affairs in late August, forcing the Ethiopian
Orthodox Patriarch from office, allegedly for cooperation with
the Mengistu government. The Ethiopian Orthodox Holy Synod
named a committee to oversee church affairs until a new
Patriarch could be elected.
In interconf essional violence in the second half of the year,
churches and moscjues were burned and hundreds may have died.
TG authorities attempted to mediate the disputes.
Most of Ethiopia's small Jewish population, known as Beta
Israel or "Falasha" (a word meaning immigrant or outsider),
left their traditional homelands in Gonder and Tigray during
1990 and emigrated to Israel in 1991. By year's end,
approximately 4,500 Jews were believed to remain in Ethiopia,
and emigration processing was already under way for these few.
There were no reports of violence or discrimination against
Jews or "Feres Mora" (Jewish converts to Christianity) by
either Mengistu or TG officials during the year.
In Eritrea the EPLF provisional government also proclaimed
freedom of religion. The EPLF provisional government announced
its intention to return church property confiscated by the
former government and pledged not to interfere in internal
religious matters. Religious schools closed by the Mengistu
government were encouraged to reopen.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
During the first 5 months of the year, freedom of movement
around the country was increasingly restricted by the civil war
and deteriorating security conditions. Foreign travel,
emigration, and repatriation were severely restricted by
Mengistu government policies. In late May, the interim
government of Lt. General Tesfaye Gebre-Kidan oversaw the
emergency humanitarian airlift of 14,000 Jews from Addis Ababa
to Israel.
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The National Charter adopted in July recognizes freedom of
movement, including the right to foreign travel and
emigration. Citizens no longer require permission for local
travel; however, there were credible reports that some local TG
officials discouraged migration between regions in order to
dampen ethnic tensions. Authorities maintained that Jews have
the Seime right of emigration as other citizens without special
government-to-government agreements that characterized the
Mengistu regime. Emigration of individual Jews resumed in
September. The TG also declared that all citizens remaining in
exile were welcome to return.
Despite its own domestic turmoil, Ethiopia was host during the
year to hundreds of thousands of refugees fleeing civil war and
instability in Somalia and Sudan. The TG has been cooperative
with the United Nations High Commissioner for Refugees (UNHCR)
and other international agencies and generally adheres to
international norms for refugees. However the TG did not
maintain a continuous presence in Somali and Sudanese
refugee/returnee camps, as had the Mengistu government.
Refugee protection remained problematic throughout the year.
In southeastern Ethiopia, approximately 400,000 to 500,000
Somali refugees were joined by 350,000 Ethiopian returnees
driven out by fighting in Somalia. An estimated 100,000 Somali
refugees spontaneously returned to northwest Somalia by the end
of 1991. There were credible reports of military recruitment
among war-displaced refugees/returnees by the OLF and various
ethnic Somali-based political groups. Such recruitment
continued in the second half of the year, despite TG
injunctions. In southwestern Ethiopia, the Sudanese People's
Liberation Army (SPLA) forcibly recruited refugees, from
refugee camps which the SPLA was allowed to control by the
Mengistu government, into its armed forces. Following
Mengistu' s fall in late May, the SPLA evacuated, in some cases
forcibly, tens of thousands of Sudanese refugees from these
long established camps; less than 10,000 had returned to
Ethiopia by year's end.
In Eritrea tens of thousands of non-Eritrean civilians fled
during the final stages of the war. Despite intense
international criticism, the EPLF provisional government
hastily repatriated to Ethiopia 85,000 former members of the
Mengistu military and about 50,000 dependents in June and
July. Although denying it was making forced expulsions, the
provisional government also arranged the repatriation to
Ethiopia of tens of thousands of other non-Eritreans . In
December the EPLF provisional government expelled 495 orphans
whom it deemed non-Eritrean. Nonetheless, tens of thousands of
non-Eritreans have opted to remain in Eritrea. Following the
announcement of a general amnesty on June 22, thousands of
Eritrean refugees returned voluntarily from Sudan. By year's
end, the EPLF provisional government had not promulgated an
emigration/ immigration law.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Ethiopians have not enjoyed the right to change their
government peacefully at any time in the last century. In
1991, however, the collapse of Mengistu' s authoritarian rule
brought to power new political forces with the express
intention of creating a multiparty system which, if
implemented, would enable citizens to change their government
through democratic elections. For the first 5 months of the
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year, political power in the Mengistu government was formally
institutionalized in the WPE, the only legal party.
Despite its overwhelming military advantage, the EPRDF invited
27 political and ethnic organizations to attend a July 1-5
National Conference held in Addis Ababa. Conference
13rticipants agreed on a National Charter that spelled out
universal guarantees of human rights, recognized the right of
self-determination for all Ethiopian peoples, and set out a
timetable for establishing a multiparty democracy by January
1994 at the latest. The National Conference also set up a
multiparty Transitional Government (TG) to administer the
country until a new constitution is drafted and national
elections held. The coalition of ethnic-based insurgencies
that toppled the Mengistu government in midyear has attempted
to forge a new political consensus based on recognition of the
country's ethnic and linguistic diversity.
The TG consists of a quasi-legislative Council of
Representatives (87 members representing 32 political and
ethnic groups), a Council of Ministers (17 members representing
7 groups), and an independent judiciary (not yet established by
year's end). The Cabinet announced in August also included the
first female minister in Ethiopian history. The EPRDF
(actually a coalition of four parties) does not enjoy
majorities in either the Council of Representatives or the
Council of Ministers, but it captured most of the key positions
in the Transitional Government (President, Prime Minister,
Foreign Affairs, Defense, Internal Affairs). EPRDF officials
are also predominant in the "provisional administrative
committees" in cities and towns outside the capital. Local and
regional elections planned for October were delayed until 1992
as the Council of Representatives debated how to redraw the
administrative boundaries to reflect ethnic divisions and
election procedures.
In Eritrea, on the other hand, the EPLF administers a one-party
provisional government tasked with governing until an
internationally supervised referendum on Eritrea's political
future can be held. With the general population evenly divided
between Christians and Muslims, the EPLF emphasized religious
balance in leadership positions: five of the nine members of
the EPLF Politburo are Muslim, and Muslims hold half of the
portfolios in the EPLF provisional government cabinet.
Delegates to the Addis Ababa National Conference in July, which
the EPLF attended as an observer, supported interim
administration for Eritrea and recognized the Eritrean people's
right to self-determination through an internationally
supervised referendum, which the EPLF agreed to defer for up to
2 years. In September the EPLF provisional government invited
U.N. assistance in supervising the referendum, and in December
the TG officially requested U.N. assistance in the Eritrean
referendum. Once the referendum is held, EPLF leaders said
they plan to convene a constituent assembly to draft a new
constitution based on a multiparty political system and
democratic elections.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
In October a group of private citizens organized Ethiopia's
first independent human rights monitoring body: the Ethiopian
Human Rights Council (EHRCO), headed by a prominent academic
and frequent critic of the TG. Also in October, two other
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private groups formed to further political dialog and promote
respect for democratic rights: the Ethiopian Congress for
Democracy (ECD) and Forum-84 . All three groups have been
allowed to operate freely and have access to state-controlled
media to broadcast information about their activities. As of
December , there had been no attempts to form any local human
rights monitoring group in Eritrea.
The Mengistu government had a long record of resistance to
international efforts to investigate human rights abuses. The
new TG has been generally willing to discuss human rights
concerns with diplomatic missions and international and
nongovernmental organizations. Amnesty International
representatives had their first free and unrestricted visit to
Ethiopia in July and visited again in December to investigate
alleged violations of human rights. An Africa Watch delegation
visited Ethiopia in October. Both groups were received by
high-level TG officials and given prominent coverage in the
state-controlled media.
In Eritrea the EPLF provisional government expelled the ICRC
shortly after seizing power in May, but in December agreed to a
reestablished ICRC presence to cooperate with local authorities
in the field of orthopedics. EPLF officials agreed in
principle that international and nongovernmental organizations
be allowed access to investigate human rights conditions. In
December the EPLF provisional government received an Amnesty
International delegation.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
More than 72 disparate ethnic groups, most having their own
tribal languages, make up Ethiopia's population of over 50
million. The inability of the Mengistu government to deal in a
noncoercive manner with the political and socioeconomic
aspirations of these various groups contributed decisively to
its downfall. The National Charter affirms the right of all
Ethiopian peoples to preserve separate languages and
identities, with recourse to self-determination, including
independence.
The TG abolished the Mengistu government's Revolutionary
Ethiopian Women's Association (REWA) , an appendage of the
banned WPE, and detained the former chairwoman without charge.
No successor organization has been formed.
Despite protections afforded them in the 1987 constitution,
women are accorded low social status in many traditional
cultures in the country. U.N. studies document marriage at
very young ages, hard and time-consuming labor, unequal
employment opportunities, and below average wages in urban
areas. However, women in the major Ethiopian ethnic groups
(Amhara, Oromo, Tigrayan) enjoy certain economic and legal
rights equal to men; they may inherit, sell, or buy property,
and engage freely in commerce. Despite a large number of
female soldiers in the EPRDF forces, women are not well
represented in leadership positions in the EPRDF or any of the
other newly formed parties.
The TG has established a national committee on traditional
practices considered harmful to women. Among them: female
circumcision (affecting fourth-fifths of all Ethiopian women);
tatooing (a possible means of AIDS virus transmission);
insertion of lip and ear plates among some southwestern tribes;
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ETHIOPIA
nutritional taboos; and child marriage. Domestic violence
remains common. While women have recourse to police protection
and official prosecution in cases of domestic violence,
societal norms and fear of loss of the social security that
marriage provides inhibit many women from seeking legal
redress. The TG established a new desk for women's rights in
the Ministry of Justice.
In Eritrea the EPLF provisional government worked to
accommodate nine indigenous ethnic groups and Christian-Muslim
divisions in the Eritrean population of 3 to 4 million. Women
in Eritrea are accorded inferior social status in many
traditional cultures. Nevertheless, participation by women in
the armed struggle — one-third of EPLF fighters were female — is
working to change attitudes. Six women sit on the 71-member
EPLF Central Committee. The EPLF provisional government
codified a broad range of rights for Eritrean women in
mid-September, including guarantees of equal educational
opportunity; land ownership, equal pay for ec[ual work, and
other economic and legal rights; and legal sanctions against
domestic violence. The campaign against dangerous traditional
practices, including female circumcision, nutritional taboos,
and traditional birth methods was taken up by the National
Union of Eritrean Women.
Section 6 Worker Rights
a. The Right of Association
Under the Mengistu government, the nonagricultural labor force
was mandatorily organized into a single trade union federation,
the Ethiopian Trade Union (ETU) , under the control of the
ruling WPE. Agricultural workers were organized in the
Ethiopian Peasant's Association (EPA), also under WPE control.
Despite guarantees in the 1987 constitution, workers and
farmers were not permitted to organize outside the ETU and EPA,
and the WPE approved candidate slates for all union officials.
The right to strike was recognized in principle, but forbidden
in practice.
Upon taking power, the Transitional Government (TG) dissolved
the ETU and EPA at the national level. The TG National Charter
recognizes the right to form and join trade unions. Beginning
in July, the TG organized elections for new union officials at
the factory-level, barring former members of the WPE and
security personnel from voting and holding office. Similar
elections were held in those peasant associations that survived
the transition.
By the end of 1991, no new new national bodies for workers and
peasants had yet been established, but planning was under way
by the TG for convening a national labor congress to discuss
the issue. The TG's Ministry of Labor and Social Affairs was
responsible for drafting a new labor code; in the interim, the
existing 1975 Labor Code remained in effect. Under this Code,
the right of affiliation to international organizations was
reserved to the ETU. Despite its dissolution, the ETU
technically remained an affiliate of the Communist-dominated
World Federation of Trade Unions at the end of the year.
Workers were free to form and join unions of their own choosing
without TG authorization, and this right was exercised
extensively. The 1975 Labor Code prohibited discrimination
against union members by management, but union members claimed
that occasional harassment continued. By October approximately
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ETHIOPIA
1,500 unions existed at the plant and factory level. These
unions were free of state interference, but the new political
parties especially the EPRDF have been involved in the
formation of some unions. In the absence of official
guidelines, TG officials have been tolerant of strikes and
protests in the workplace. Management frequently accused the
TG of being over indulgent with labor demands. In one such
case, EPRDF troops responded to charges by a local labor union
by arresting at gunpoint two midlevel managers at one of the
capital's leading hotels; they remained under arrest on charges
of corruption at year's end.
Upon taking power in Eritrea, the EPLF provisional government
similarly dissolved the ETU and EPA. On September 15, the EPLF
provisional government published a new Labor Code which accords
workers the right to join unions of their choice and the right
to strike. Eritrean courts were given the power to order
workers to delay strikes for 50 days pending negotiations.
Should negotiations fail, unions are required to give the EPLF
provisional government Labor Department a further 7-day notice
before any strike. There were no strikes in Eritrea in 1991.
b. The Right to Organize and Bargain Collectively
In principle the Mengistu government accepted international
conventions on collective bargaining and signed hundreds of
individual collective bargaining agreements over the last
decade. In practice, collective bargaining did not exist;
wages were set by the government in the public sector and by
employers with government oversight in the private sector.
The 1975 Labor Code includes the right to organize and bargain
collectively. Under the 1975 Code, wages are to be set in
negotiations between unions and management. If no agreement
can be reached, a disputes committee is formed, composed of two
representatives each from the union and management and a
committee chairman (usually a member of management). If an
agreement still cannot be found, the dispute goes to the
Ministry of Labor and Social Affairs for settlement. Within a
month of taking power, the TG's Prime Minister announced that
all collective bargaining agreements negotiated by the Mengistu
government, frozen since 1990, were valid. Given the condition
of the economy, there were no wage increases in state-owned
enterprises as of late 1991.
In Eritrea the EPLF provisional government's new Labor Code
published in mid-September explicitly recognized collective
bargaining and outlined an 11-step process for reaching
agreements .
There are no export processing zones in the country.
c. Prohibition of Forced or Compulsory Labor
Slavery was officially abolished in Ethiopia in 1942, but legal
codes did not address the issue of forced or compulsory labor.
Under Mengistu 's government, citizens were sometimes called on
to perform certain civic obligations, including "volunteer"
assistance in community work projects. In factories, workers
were also expected to volunteer extra hours at no pay so that
production quotas could be met.
The TG's National Charter adopted in July proscribes slavery
and involuntary servitude. Local TG officials outside of Addis
Ababa continued to call on residents to volunteer for
132
ETHIOPIA
uncompensated community work projects, such as road building
and emergency road repair. Industries were operating at less
than half capacity at year's end; in those state-owned
factories still functioning, workers were still sometimes
compelled by factory managers to "volunteer" labor in order to
meet quotas, which could result in cash bonuses.
In Eritrea forced and compulsory labor was barred under the
EPLF provisional government's new Labor Code pxiblished in
mid-September. However, there were unconfirmed reports in late
1991 that some former Mengistu government detainees still held
in Eritrea without charge had been put to hard labor.
d. Minimum Age for Employment of Children
Under the 1975 Labor Code, contract employment of children
under the age of 14 is prohibited. Both the Mengistu
government and the new TG appeared to respect this restriction
in factories, shops, euid among domestic worker's. The Ministry
of Labor and Social Affairs was active in enforcing these
provisions in state-owned enterprises. Nevertheless, underaged
children were frequently seen peddling and begging on city
streets or working in the fields in rural areas throughout the
year .
In Eritrea the EPLF's new Labor Code published in mid-September
raised the minimum age for employment to 18. The provisional
government has also made education compulsory through age 18.
It remains to be seen how effectively it will be enforced.
e. Acceptable Conditions of Work
The statutory minimum wage, unchanged since 1974, remained low
and woefully insufficient to provide a decent standard of
living for an urban worker and family. On the other hand, only
unskilled day laborers usually receive such a low wage. In
addition, fringe benefits not required by law (transportation,
meals, clothing, medical care, shelter) raise the effective
minimum wage. Low-paid workers often supplement their income
by holding multiple jobs, with help from the extended family,
and through subsistence farming. The Ministry of Labor and
Social Affairs was responsible for enforcing compliance under
both the Mengistu government and the Transitional Government.
The 1975 Labor Code, observed by both the Mengistu government
and the TG, establishes an 8-hour workday and a 48-hour
workweek. The maximum legal workweek appeared to be respected
in practice with the exception of previously noted
uncompensated "volunteer" labor to meet factory quotas. The
1975 Code also empowers the Ministry of Labor and Social
Affairs "to determine protective devices" and to advise on the
health and safety of workers. Compensation for occupational
injuries and disabilities is mandatory. The Ministry's
effectiveness in enforcing health and safety standards
continues to be hampered by lack of resources.
In Eritrea the EPLF provisional government's new Labor Code
published in mid-September retains many provisions of the 1975
Code, including: a very low minimum wage, an 8-hour workday
and 48-hour workweek, and stipulations that the health and
safety of workers be safeguarded, but the degree of enforcement
is unknown.
133
GABON
Although President Omar Bongo has ruled Gabon since 1967,
having been reelected three times in uncontested elections.
Internal pressures beginning in late 1989 forced him to
acquiesce in extensive political reforms. In 1991 a new
Constitution was promulgated which includes provisions for such
basic freedoms as movement, association, and religion and
explicitly abolishes the old system of single party rule. The
new multiparty legislature, which resulted from elections held
during the last months of 1990, grappled with the many legal
ramifications of the new order, including complex legislative
initiatives on public sector employment and newly created
constitutional bodies. In the past, the National Assembly had
no real power, and it is still dominated by the former sole
party, the Democratic Party of Gabon (PDG), which holds a
narrow majority. However, the newly elected Assembly includes
deputies from nine political parties and has been able to
confront and criticize the Government on some issues, e.g., in
forcing extensive changes in spending priorities. The new
Constitution limits President Bongo to one more 5-year term.
The armed forces comprise approximately 4,000 array, navy, and
air force personnel. Responsibility for internal security is
shared by the gendarmerie, a paramilitary force of 2,700, and
the national police, consisting of 2,000 troops; the police
work with the gendarmerie to maintain law and order in
Libreville, Port Gentil, and other provincial capitals. The
security forces use beatings as part of the interrogation
process.
Gabon's relatively high per capita income ($4,165 in 1991) is
based largely on oil revenues, but it belies the underdeveloped
nature of the country and its economy. Although endowed with
petroleum, manganese, uranium, and vast timber resources, Gabon
has experienced limited agricultural and industrial development
and imports most of its food and manufactured goods . Rain
forests cover 85 percent of the country, and approximately
two-thirds of the populace live in rural areas. Due to the
precipitous fall in revenue from oil exports in the late
1980 's, the Government has imposed austerity measures to meet
World Bank and International Monetary Fund program criteria.
Gabon took important steps toward a more open political system
in 1991. With the move toward a multiparty political system,
restrictions on freedoms of speech, press, and assembly were
considerably relaxed. Although the opposition has limited
access to government media, especially radio and television,
there is a lively opposition press, consisting of a half-dozen
weekly newspapers which are often highly critical of the
Government. The government-controlled newspaper, L' Union,
generally avoids direct criticism of the Government and the
President. Despite significant progress, some human rights
problems remain with regard to the mistreatment of prisoners
and detainees, including the heindling of illegal aliens.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no known political killings or summary executions in
1991.
134
GABON
b. Disappearance
There were no knovm cases of cibductions or disappearances
ascribed to government security forces or any other group.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Gabonese law and security enforcement officials use beatings
and torture as part of the interrogation process of detainees
to gain confessions. Prisoners are reportedly forced to march
on their knees over stones; in addition, lawyers who have
visited prisons report hearing cries of those who are being
beaten. Prison conditions are harsh, and the main facility.
Central Prison, has insufficient food, inadequate medical
facilities, and poor sanitation. As a result, sickness is
common, and prisoners have died because they had no one to
bring them needed medicine. Violence among prisoners — in
particular, homosexual rape — is also a problem.
d. Arbitrary Arrest, Detention, or Exile
Although the law, based on French jurisprudence, provides
procedural protections against arbitrary detention, it allows
for pretrial detention for a prolonged period. Security forces
disregard the procedures concerning arbitrary detention,
particularly in security cases, by detaining persons
indefinitely without charge. There is no way of accurately
determining the number of arbitrary detentions during the year,
but it is thought to be as many as several dozen. However, no
political detainees were being held at the end of 1991.
Exile is not used as a means of political control nor as a
sentence for convicted criminals. A number of opposition
figures such as Pere Mba Abessole, leader of the Bucheron
Party, have returned in recent years. The only remaining
well-known "exile" is Pierre Mamboundou, who was convicted in
absentia for involvement in one of the coup plots uncovered in
late 1989 by Gabonese security forces. He resides in Senegal.
e. Denial of Fair Public Trial
The judicial system, modeled on that of the French, has several
levels. The trial court (Tribunal de Premier Instance) hears
questions of fact and law in civil, commercial, ordinary
criminal, and administrative cases. The appellate level is
divided into two courts, with a separate appeals court for
criminal cases. The highest level, the Supreme Court, has
three chambers, and the former fourth chamber, the
Constitutional Cheimber, was recast as an independent body by
the 1991 Constitution. Outside the normal court system, there
is a military tribunal to handle all offenses under military
law; a State Security Court, which is a civilian tribunal; and
a special criminal court which deals with fraud and
embezzlement of public funds by officials.
The right to a fair public trial is provided for in the
Constitution and generally has been respected in criminal
cases, but procedural safeguards are lacking in State Security
Court trials. In this Court, trials are open to the public,
and defendants are represented by counsel, but appeal
procedures to the Supreme Court are restricted to raising
points of law. The State Security Court is a nonpermanent
body, called into existence as the Government determines to
hear political and security cases. It was last convoked in
135
GABON
1990 to hear the coup plot cases of 1989/1990. Subsequently,
in response to clemency appeals. President Bongo twice reduced
the sentences of those convicted in those trials, but none had
been released by year's end.
Although the judiciary is susceptible to intervention by the
executive, particularly in political or security cases, there
was no indication that such intervention occurred in 1991.
Reports persist that there were still some political prisoners
held at the end of 1991, but these have not been confirmed.
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Search warrants may be obtained after the fact but, as
occasionally happens in cases of suspected illegal aliens,
sometimes they are not obtained at all. There were credible
reports that in many cases the homes of those detained were
ransacked by security forces who confiscated personal effects.
The Government periodically monitors communications. While the
former ruling party does not compel party membership, there
have been reports of government officials being fired or
transferred for membership in opposition parties.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
With the move toward a multiparty system, most restrictions on
freedom of speech and press have been eliminated. While direct
public criticism of the President previously had not been
permitted, during the legislative election campaign and in
subsequent political debates, Gabonese opposition leaders
criticized the President directly and indirectly, with no
retribution. However, opposition leaders also complained that
the state-controlled media did not provide adecjuate access to
opposition parties.
A half-dozen weekly newspapers, including the government -owned
L' Union and a range of nongovernment papers, continue to
circulate in the capital. The President has encouraged
journalists to point out failures of individual government
officials or ministries and to highlight inefficiency and
corruption. In 1991 such criticism continued and grew bolder,
with leading opposition papers publishing extensive allegations
of financial malfeasance by the President and his inner
circle. As a result of a decision by Multipress, the publisher
of L' Union and owner of the country's only high-speed rotary
press, to demand advance payment, several papers have been
obliged to print in Cameroon. More financially solvent
opposition papers are printed at Multipress without any
restrictions. All newspapers circulate freely within Gabon.
The established media carry wire service material (mostly
Agence France Presse) which gives the public some coverage of
world events. There were no instances in 1991 when foreign
publications were banned.
Academic freedom is relatively unrestricted. A professors'
strike over \iniversity mismanagement, lack of funds for
research, and the deteriorating physical plant at the
university campus in Libreville brought the 1990/91 academic
year to a premature halt and contributed to the fall of the
second Oye-Mba Government; security forces took no action
against the strikers.
136
GABON
b. Freedom of Peaceful Assembly and Association
The Government grants the rights of freedom of assembly and
association to recognized organizations, including 74
recognized opposition political associations. Permits and
notification of police are required for all outdoor meetings.
The Government generally permits such meetings if they are
organized by recognized political groups or their ancillary
units, such as the women's, youth, and labor movements;
cultural and entertainment impresarios; or recognized church
groups. By law, unauthorized demonstrations are not permitted,
but tnere were numerous unauthorized demonstrations in 1991 for
which organizers and participants went unpunished, including a
major May Day rally staged by the Rassemblement National des
Bucherons (generally referred to as the Bucherons party) in
defiance of an explicit government ban.
c. Freedom of Religion
There is no state religion, and the Constitution provides for
religious freedom. Because their activities were considered by
the Government to foster disunity, Jehovah's Witnesses and
several small syncretistic sects were banned by presidential
decree in 1970. The decree was renewed in 1985. As recently
as 1987, the courts sentenced 24 Jehovah's Witnesses to short
or suspended terms for belonging to a banned organization. The
primary faiths are Catholic and Protestant. Muslims (including
President Bongo) constitute less than 5 percent of the
population. There are significant niombers of adherents to
traditional religions. Foreign missionaries engage actively in
evangelical and social service activities.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Movement of both Gabonese citizens and expatriates within the
country is not formally restricted; travelers occasionally
encounter gendarmerie control points where identity cards and
other documents are examined. Gabonese citizens may return
freely from abroad. The previous requirement for Gabonese
citizens to obtain exit permits from the police was rescinded
in June, but government employees must still obtain permission
to travel abroad.
There are approximately 200,000 non-Gabonese residents in
Gabon, many of whom are from Equatorial Guinea or Cameroon.
Immigration laws and presidential decrees promulgated in 1986
imposed requirements for heavy financial guarantees on
non-French and non-American expatriates working in Gabon and
levied exit visa fees for each departure from the country. The
gendarmerie periodically detain undocumented aliens who are
then placed in a holding camp under harsh conditions. Most of
the detainees are released after paying fines or bribes. An
increasing number of illegal immigrants are being deported to
demonstrate the Government's commitment to preserving
employment preferences for Gabonese.
The Government encourages, but does not force, "regroupment"
(voluntary consolidation of small rural communities into larger
villages along a road) by improving the delivery of public
services such as water, electricity, and schooling in the
larger villages.
137
GABON
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The 1991 Constitution, promulgated in March following extensive
National Assembly debate, provides formal guarantees of this
right, including the right to organize and campaign in the
political arena. There are now a wide reinge of parties and a
functioning multiparty National Assembly.
Nonetheless, the former single party, the Democratic Party of
Gabon (PDG) , remains the principal political party in Gabon,
and it still dominates the Government. Its leading role is due
to its established strength in organization and infrastructure,
to its close ties with the President, formerly the Secretary
General of the PDG, and to the splintering and inexperience of
the opposition. There have been continuing opposition charges
of ballot rigging by the Government or PDG, but the 1990
irregularities appeared in part to have been tied to the
disorganized election process. In the end, the PDG managed to
retain a narrow majority in the final makeup of the National
Assembly, with 59 of the 120 seats going to PDG members and 3
to PDG sympathizers. The remaining 58 seats are distributed
among eight opposition parties.
President Bongo has been reelected three times to 7-year terms
in uncontested elections, most recently in 1986. The new
Constitution provides for a limit of two 5-year presidential
terms. The National Conference of 1990 determined that for the
purpose of the new Constitution, the President's current term
would be considered his first; thus, he is eligible to stand in
1993 for a final term and is widely expected to do so. In
sharp contrast to the past, however, several candidates have
indicated they plan to run against President Bongo.
Under Gabon's nascent parliamentary system, the President's
Prime Minister is head of government and must be confirmed by
the National Assembly. Since the National Conference, there
have been three governments, each under the Prime Ministership
of Casimir Oye-Mba, but with different ministerial rosters.
The changes occurred when Mr. Oye-Mba submitted his
Government's resignation in response to public pressure; in the
first instance, the completion of the legislative elections
required that the new Government reflect the power balance
resulting from the controversial first round of elections. In
the second, a boycott of the legislature by much of the
opposition and festering problems in the educational sector
forced the Government to seek a fresh start.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Htunan Rights
A number of local human rights groups, including an affiliate
of Amnesty International, operate freely in the country. While
their actions have been limited by inexperience and poor
organization, they have influenced government policy, most
notably in the case of a Moroccan dissident writer expelled by
France to Gabon. Local rights groups published communiques in
the government-controlled press and held a series of meetings
with President Bongo to urge him to ensure the Moroccan's
personal security and allow him full liberty of movement.
Since June the Minister of Scientific Research has been charged
with human rights and relations with the legislature. The
Government has not impeded investigation by international human
138
GABON
rights groups or blocked the activities of human rights
observers.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The 1991 Constitution forbids discrimination based on national
origin, race, gender, or opinion. Gabon's relative prosperity
has enabled the Government to extend health and social security
benefits to all its people, regardless of tribal affiliation or
region. There were no significant ethnic, racial, religious,
or social groups that suffered discrimination in 1991.
In practice, women do face discrimination. However, government
and party policies are supportive of expanding opportunities
for women, and urban women in particular are moving
increasingly into the professions, taking advantage of improved
educational opportunities, including access to technical
training institutions. At the primary school level, there is
universal access for both girls and boys. However, at the
secondary level, only 22 percent of females, as opposed to 31
percent of males, are enrolled in school.
In rural Gabon, women still fill largely traditional roles
built around family and village, e.g., hauling water, tending
fields. The gradual introduction of piped-in water and of
electricity has had the effect of gradually improving living
standards for rural women. Legal rights of rural women are
largely governed by tribal tradition, while in the urban
sector, women's rights are patterned on French law. While all
women's rights are protected by the law, traditional practice,
which prevails in rural areas, assigns most of the hard work —
tending fields, preparing meals, child care — to women while
depriving them of formal authority in the village context.
According to medical practitioners, violence against women,
including wife beating, occurs, but the extent of the problem
is not known. Incidents of violence against women are reported
in the media from time to time and invariably are the outgrowth
of domestic disputes or are related to violence against
prostitutes. Cases of violence against women rarely come
before the courts. In the absence of statistics on the number
of incidents versus the number of court cases, this observation
is based on the relative weight given cases of violence against
women in news accounts. Such reports uniformly treat these
incidents as contemptible vestiges of a brutal past. Several
women's rights groups and professional associations have been
formed to address these concerns .
Section 6 Worker Rights
a. The Right of Association
Under the new Constitution, the former monopoly of the
government-sponsored Labor Confederation of Gabon (COSYGA) has
been abolished. A new labor code, which would repeal the trade
union solidarity tax and other legislative restrictions on
trade union pluralism, is in the drafting stage but had not
been presented to the National Assembly by year's end.
In 1991 the trend continued toward freely formed, primarily
company-based (as opposed to industrywide) unions, which have
staged wildcat strikes aimed at forcing management to address
concerns of pay, benefits, and working conditions.
139
GABON
A strike at the government-run printing press crippled the
print media for 2 weeks, during which none of Gabon's
newspapers appeared on the stands. By the same token, strikes
by public health workers and primary and secondary school
teachers forced the Government to make significant concessions
on construction of .new facilities. In the private sector,
wildcat strikes by workers in state-run and other companies
have resulted in pay raises, benefit improvements, and, in some
cases, replacement of unpopular managers.
Under Gabonese law, strikes are illegal if they occur before
compulsory arbitration remedies prescribed under the 1978 Labor
Code have been exhausted, but the Government informed the
International Labor Organization (ILO) Conference in June that
a draft law on the right to strike has been examined by the
Government and could be incorporated in the revised labor
code. None of the strikers in the cited cases was the object
of arrest or other disciplinary action. COSYGA, whose future
role in Gabonese labor /management relations is unclear at
present, has represented Gabonese workers at the ILO and has
maintained limited contacts with a variety of national trade
centers.
b. The Right to Organize and Bargain Collectively
Formally, unions in each sector negotiate with management over
specific pay scales, working conditions, and benefits
applicable to their industry. Agreements reached between labor
and management in each sector also apply to nonunion and
expatriate labor. According to the Labor Code, workers may
individually or collectively take complaints of code violations
to arbitration and may appeal to labor and national courts.
Among the changes in the labor law urged by the ILO is a
provision protecting workers against antiunion discrimination.
There are no export processing zones in Gabon.
c. Prohibition of Forced or Compulsory Labor
Forced labor is prohibited by law and is not practiced,
although technical violations of the conventions on forced
labor have been criticized by the ILO.
d. Minimum Age for Employment of Children
No one below the age of 16 may work without the authorization
of the Ministries of Labor, Public Health, and Education, which
rigorously enforce this provision. Such permission is granted
rarely, and few employees in the modern wage sector are below
the age of 18. Children at younger ages are involved in
traditional family farm labor in rural areas.
e. Acceptable Conditions of Work
The 1978 Labor Code and the 1982 General Convention of Labor
govern working conditions and benefits for all sectors. Labor
legislation provides broad protection to workers.
Representatives of labor, management, and government meet
annually to agree on minimum wage rates, which are determined
within guidelines provided by the Government. The Gabonese
minimum wage is determined annually pursuant to Articles 94 and
95 of the Labor Code of 1978. These articles designate an
interagency group to study the status of the economy and
recommend a minimum wage for the coming year to the President.
The President then issues a decree, pursuant to Article 88 of
the Code, setting the minimum wage. The current minimum wc^e
140
GABON
for unskilled labor is sufficient to provide a decent living
for workers and their families. Work over 40 hours per week
must be compensated with overtime, and the workweek must
include a minimum rest period of 48 consecutive hours.
The Labor Code provides for occupational health and safety
standards to be established by decree of the Minister of
Health. Adherence to these standards, which are generally
adapted from the French model, varies greatly and usually
reflects company policy rather than governmental enforcement
efforts. Article 134 of the Labor Code assigns enforcement of
its health and safety provisions to the Office of the Inspector
of Labor (Inspecteur du Travail) of the Ministry of Labor.
141
THE GAMBIA
The Gambia is a parliamentary democracy with an elected
president and legislature. Except for a coup attempt in 1981,
The Gambia has had a history of political stability under the
leadership of its only President since independence in 1965,
Sir Dawda Jawara. His ruling People's Progressive Party (PPP)
has dominated the unicameral Parliament, but several opposition
parties participate in the political process, including two
parties formed in 1986.
The Gambia has a small army with an attached naval unit
organized and trained by British officers. Its gendarmerie
forces, formerly headed by Senegalese officers, are now under
the control of, and responsive to, Gambian civilian leadership.
The Gambia's estimated population of 784,000 consists largely
of subsistence farmers growing rice and groundnuts (peanuts),
the country's primary export crop. In 1991 The Gambia
continued its stringent economic reform program in cooperation
with the International Monetary Fund and the World Bank.
The Gambia has made particular efforts to promote observance of
human rights, which are constitutionally protected and
generally observed in practice. In 1991 the death of a person
in police custody led to a swift investigation, arrests, and
trials of police officials.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reported political killings. However, on August
2, a longtime Senegalese resident in The Gambia, Momodou
Jarjue, was detained on suspicion of theft by three Criminal
Investigation Division (CID) officers of the Gambian police.
According to witnesses, the CID officers beat Jarjue
continuously through the night and denied him food, water, and
medical attention. Jarjue died the next morning.
The police immediately began an investigation, personally
directed by the Minister of the Interior and the new Inspector
General of Police, and the three CID officers were detained by
the Gambian gendarmerie. In addition officials of the African
Centre for Democracy and Human Rights Studies conducted an
independent investigation of the incident and filed their
report with the Attorney General's office. Late in August the
police completed their investigation, and subsequently the
Attorney General annoionced that the three CID officers would be
arraigned before the Supreme Court and charged with murder and
assault. The trial began on October 1 and was continuing at
year's end, with the press providing full coverage of the
proceedings.
b. Disappearance
There were no reports of disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution prohibits torture and other cruel, inhuman,
and degrading punishment. Except for the Jarjue case (Section
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l.a.), there were no known instances of torture or mistreatment
of detainees in 1991.
Prison conditions are severe, and in the past there have been
occasional reports of mistreatment of prisoners. After the
death of several inmates in 1988 due to inadequate diet, a
presidential commission on prison conditions investigated the
occurrence and its recommendations led to prison reforms.
There have been no further reports of such incidents since the
reforms. The Government allows prison visits by local Red
Cross representatives and by close family members.
d. Arbitrary Arrest, Detention, or Exile
Based on British legal practice, we 11 -developed constitutional
and legal procedures govern the arrest, detention, and trial of
persons accused of crimes. Under these procedures, a detained
person must be brought to trial within 1 week of arrest. This
waiting period, however, may be extended twice, making 21 days
the maximum period of detention before trial. In fact, due to
overcrowded court schedules, the detention period can be much
longer .
There were no political detainees being held at the end of
1991. There are some self-exiled opposition elements who would
be arrested for suspected involvement in the 1981 coup attempt
if they returned to The Gambia, e.g., the alleged leader of the
plot, Kukoi Samba Sanyang.
In February President Jawara amnestied the last 35 people
imprisoned for criminal convictions relating to the 1981 coup
attempt. Two of the recipients had been convicted of high
treason and condemned to death.
e. Denial of Fair Public Trial
There are three kinds of law in The Gambia: general, Shari'a
(Islamic), and customary law. Shari'a law, governing Muslims,
is observed in marriage and divorce proceedings. Customary law
covers marriage and divorce for non-Muslims, inheritance, land
tenure and utilization, local tribal government, and all other
traditional civil and social relations. General law, based on
English statutes and modified to suit the Gambian context,
governs criminal cases and trials and most organized business
practices. If there were a conflict between general law and
Shari'a, general law would prevail.
The Constitution provides criminal defendants with the
traditional rights of the English legal system, such as
presumption of innocence, the right of the accused to be
informed promptly of the charges, and the right to a public
trial. If released on bail, an accused person may face charges
indefinitely, since there is no maximum time limit for
completing the investigation and bringing the case to trial.
Appeals normally proceed from the Supreme (trial) Court to the
Court of Appeals, the country's highest tribunal.
Judges are appointed by the Government, but the judiciary
operates independently and is free of government interference.
Because of the shortage of legal professionals in The Gambia,
the legal system is staffed in part by judges and prosecuting
and defense attorneys from other English-speaking countries
having the same basic legal system as The Gambia.
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THE GAMBIA
In 1988 a journalist, Sana Manneh, accused four cabinet
ministers of corruption, for which he was subsequently tried in
Magistrate's Court on charges of libeling three of them. In
that trial he was acquitted on two counts and convicted of the
third. The Government appealed the decision to the Supreme
Court, which overturned the acquittals. Manneh then appealed
to the Court of Appeal (The Gambia's highest court), which,
based on a technicality, reversed the Supreme Court's ruling on
December 5. The prosecution failed to give oral notice of its
intent to appeal after the announcement of the Magistrate
Court's judgment, as prescribed by Gambian law.
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides guarantees, which are respected in
practice, against arbitrary search of person and property. It
does permit a search to which a suspect submits voluntarily or
if it is reasonably required in the interest of national
defense or public welfare. Under the Gambian criminal code,
search warrants based on probable cause are issued by
magistrates upon application by the police. The code also
specifies that police may conduct a search of a private
residence while a crime is in progress. There are a few
checkpoints in the country where the police and military
periodically stop and search drivers and vehicles.
The rights of family are of great importance in The Gambia's
conservative Muslim society. Marriage, the raising of
children, and religious instruction are regulated by a
combination of personal preference and ethnic and religious
tradition. The Government does not normally intrude in family
matters. There is no effort to censor or control personal
correspondence or communications.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and press.
While opposition parties have been relatively inactive since
the 1987 elections, members freely express their opinions about
the Government and ruling party.
The Government does not attempt to censor published materials,
whether they originate within or outside the country. In
practical terms. The Gambia, with its small, mainly rural,
largely illiterate, multilingual population, does not support
an active press, though this is slowly changing. The
Government and the PPP have newspapers which are published on a
biweekly or monthly basis.
There are several independent, intermittently published,
mimeographed newssheets and, more recently, one monthly
newsmagazine. Both the opposition and the independent press
are openly critical of the Government. There is, however, some
degree of self-censorship in the government-owned media, which
exercises restraint in reporting criticism of the Government.
During the Manneh libel trial. Radio Gambia and the official
press ceased coverage after the first week of the trial.
There is no television in The Gambia, although Senegalese
broadcasts can be received. The Government dominates the media
through Radio Gambia. Two commercial radio stations, one of
which opened in 1991, primarily broadcast music. Foreign
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THE GAMBIA
magazines and newspapers are available in The capital. There
is no university in The Gambia.
During 1991, Parliament passed the National Press Council Act,
which establishes a council to oversee the activities of
journalists. The Act originated in response to journalists'
requests for legislation governing press affairs. The council
will be required to prepare a code of conduct and will have the
power to judge journalists with respect to breaches of this
code, reprimand them if the council rules against them, and
impose fines. While the President assented to the bill on
June 27, it has not been published; therefore it is not yet law.
b. Freedom of Peaceful Assembly and Association
In general, there is no interference with the freedom of
assembly and association which is provided for in the
Constitution. The Government almost always grants permits for
peaceful assembly but requires that these meetings be open to
the public. Permits for assembly are issued by the police and
are not denied for political reasons. The permits regulate
times, places, use of loudspeakers, and the authority to block
traffic for a parade. The only banned organization in the
Gambia is the Movement for Justice in Africa, which was
suspected of involvement in the 1981 coup attempt. The law has
been amended so that any future bans would be by judicial
decision rather than a presidential decree. The State must now
apply to a court for a banning order, citing specific grounds
for the request. There were no requests to ban any
organization in 1991.
c. Freedom of Religion
The constitutional provisions of freedom of conscience,
thought, and religion are observed in practice. The State is
secular, although Muslims constitute over 90 percent of the
population. The schools provide instruction in the Koran for
Muslim students. Christians, both Catholic and Protestant,
freely practice their religion. There is a small Baha'i
community in Banjul. Missionaries are permitted to carry on
openly and freely their various mission-related activities.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution provides for freedom of movement, subject to
conditions protecting public safety, health, and morals. There
is no restriction on freedom of emigration or freedom of
return. Because of historic and ethnic ties with the
inhabitants of Senegal, Guinea-Bissau, Mali, Sierra Leone, and
Mauritania, people tend to move freely across borders, which
are poorly marked and difficult to police.
The population of Liberian refugees registered in The Gambia
increased by almost 150 percent from 1990 to 1991. At the end
of 1991, approximately 180 Liber ians living in The Gambia were
registered with the United Nations High Commissioner for
Refugees (UNHCR) . An even larger number are unregistered. The
UNHCR does not have an assistance program in The Gambia. It
has transported interested Liberians unable to receive help
through family or friends to countries where UNHCR relief
programs are ongoing. Since the settlement of the Casamance
insurgency in southern Senegal, many of the Casamancais
refugees who had settled in The Gambia to escape the turmoil
have begun to return home. While there were a reported 326
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THE GAMBIA
Senegalese refugees in The Gambia, the number could well have
been higher during the conflict given the fluid movements
across The Gambia-Senegal border. Senegalese refugees in The
Gambia were not receiving international assistance.
Late in 1990, a human rights group reported that the Gambian
authorities had forcibly repatriated 10 Casamancais (Senegalese
nationals) from The Gambia to Senegal. The group claimed that
their return to Senegal placed them in danger of torture and
death at the hands of Senegalese security forces. The
Government responded that the Senegalese in question had not
requested asylum in The Gambia and had entered the country
illegally, so they were deported by Gambian immigration
officials. The Government stressed that it was well aware of
its obligations under the Geneva Convention on the Status of
Refugees .
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens have the right to change their government through
peaceful means. The President and the Members of Parliament
are popularly elected, as are the district councils and the
chiefs, who exercise traditional authority in the villages and
compounds. Presidential and parliamentary elections are held
every 5 years. Citizens must be at least 18 years of age to
vote. Balloting is secret, and measures are employed to assure
that illiterate voters understand the choices and voting
procedure.
A functioning multiparty system exists, even though the
People's Progressive Party under the leadership of President
Jawara has been in power since independence. The principal
opposition party, the National Convention Party (NCP) , contests
both national and district elections. In the March 1987
presidential and parliamentary elections, campaigning was
vigorous, active, and open to all parties. The ruling PPP won
by an overwhelming majority and now holds 31 of 36 elective
seats in the Parliament. The NCP was the only opposition party
to win seats.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government is responsive to charges of human rights
violations and has established the African Centre for Democracy
and Human Rights Studies to promote greater respect for human
rights in Africa through research into and documentation of
human rights problems and through workshops and conferences.
It permits visits of international human rights organizations
to observe the condition of detainees and the trial process.
Early in 1991, the United Nations Human Rights Commission
(UNHRC) made a routine investigatory stop in The Gambia. The
Gambia is an active member of the UNHRC and of the Organization
of African Unity's (OAU) Commission on Human and Peoples'
Rights. It took the initiative in persuading the OAU to locate
the OAU Commission, which opened in June 1989, in Banjul. In
May the African Centre for Democracy and Human Rights Studies
hosted a human rights training conference for upper level
magistrates from Francophone African countries.
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THE GAMBIA
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution states that all persons in The Gambia are
entitled to "fundamental rights and freedoms" regardless of
"race, place of origin, political opinions, colour, creed, or
sex." There is no officially sanctioned discrimination based
on race, sex, religion, language, or social status. The
Gambian population is overwhelmingly Muslim and rural, with 85
percent living in villages, and there is considerable emphasis
on the collective aspects of rights and privileges. There is
no evidence of discrimination in employment, education, or in
other areas of Gambian life on religious grounds.
Traditional views, especially about the role of women in
society, are changing, but very slowly. Marriages are still
most often arranged, and Muslim tradition allows for polygamy.
Women are disadvantaged educationally, with females comprising
about one-third of the students in primary school, and
one-quarter of the high school students.
Domestic violence occurs, and female circumcision is practiced,
reinforced by traditional beliefs. Until recently, the
Government has been passive in attempting to counter these
practices. However, the Women's Bureau in the Office of the
President conducts an ongoing campaign in both the rural and
urban areas to make women aware of their legal rights in
respect of divorce and custody of children, property matters,
and in cases of assault. The Bureau holds workshops on female
circumcision to inform women of its negative effects and to
discuss the religious and traditional ties to the practice. It
also publishes a quarterly magazine on women's issues, which it
distributes throughout the country. The Women's Bureau
conducted a study in 1990 of women's rights, including specific
(juestions on domestic violence, but data from this study had
not been released by the end of 1991.
To reinforce the efforts of the Women's Bureau, the World Bank,
in conjunction with several other donors, initiated the Women
In Development project in October 1990. This project will run
for 6 years with the objective of improving the health and
income generation capacities of Gambian women.
Section 6 Worker Rights
a. The Right of Association
In October 1990, the Government passed the Labor Act of 1990,
the first labor act since independence, which applies to all
workers except civil servants. The Act specifies that workers
are free to form associations, including trade unions, and
provides for their registration with the Government. Police
officers and the military are specifically prohibited from
forming unions and from going on strike. Members of the civil
service can neither form unions nor strike.
The Labor Act of 1990 authorizes strikes, but it specifies that
a union must give the Commissioner of Labor 14 days' written
notice before beginning an industrial action (28 days for
essential services). Furthermore, upon application by an
employer to the Supreme Court, that body may prohibit an
industrial action which is ruled to be in pursuit of a
political objective, or an action which is in breach of a
collectively agreed procedure for the settlement of industrial
disputes that has not been exhausted. Because of these
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THE GAMBIA ,
provisions, government conciliation efforts, and the poor
bargaining strength of the unions, few strikes actually occur.
The last strike was that of the Bakers' Association in August
1990, which demanded (successfully) an increase in the
controlled price of bread.
Less than 20 percent of the work "force is engaged in the modern
wage sector of the economy, where unions are normally active.
The Gambian Workers' Confederation (GWC) and the Gambian
Workers Union (GWU) are the two main independent and competing
umbrella organizations, and both are recognized by, and have a
good working relationship with, the Government. Unions
exercise the right to affiliate internationally and there are
no restrictions on workers' ability to participate in
international forums.
b. The Right to Organize and Bargain Collectively
The Labor Act of 1990 provides workers the right to organize
and bargain collectively. Although trade unions are small and
fragmented, collective bargaining does take place. The Labor
Department registers the collective bargaining agreements
reached between the unions and management. The Act also sets
minimum standards for contracts in the areas of hiring,
training, terms of employment, wages, and termination of
employment. The Act states that "any term of a contract of
employment prohibiting an employee from becoming or remaining a
member of any trade union or other organization representing
workers. . .shall be null and void." Otherwise, the Government
does not interfere in the bargaining process. There are no
export processing zones.
c. Prohibition of Forced or Compulsory Labor
The Criminal Code prohibits compulsory labor, and it is not
practiced in The Gambia.
d. Minimum Age for Employment of Children
The official minimvim age for employment is 18. There is no
compulsory education legislation and, because of the paucity of
secondary school opportunities, most children complete their
formal education by age 14 and informally enter the work
force. The Labor Commissioner is charged with receiving
employee labor cards, which include a person's age, but
enforcement inspections rarely take place for lack of funding
and inspectors. Control of child labor does not apply to
customary chores on family farms or street trading.
e. Acceptable Conditions of Work
By law minimum wages and hours of work are determined by joint
industrial councils (commerce, artisans, transport, the port
industry, agriculture, and fisheries), which have
representation from employees, employers, and government.
These minimvim wages do not provide for a decent standard of
living. Moreover, only 20 percent of the labor force is
covered by minimum wage legislation, the remainder being
privately employed, chiefly in agriculture. Most Gambians do
not live on one worker's earnings and rely on the extended
family system, usually including some subsistence farming.
The maximvmi legal workweek is 48 hours within a period not to
exceed 6 consecutive days. Allowance is made for half-hour
lunch breaks. For the private sector, there are four 8-hour
50-726 - 92 - 6
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THE GAMBIA
days with half days on Fridays and Saturdays, making a 40-hour
workweek. Government employees are entitled to 1 month's paid
leave after 1 year of service; private sector employees receive
between 14 and 30 days of paid annual leave, depending on their
length of service.
The Labor Act provides a list of occupational categories and
specifies safety equipment that an employer must supply to
employees working in these categories. Under the Factory Act,
the Minister of Labor is given authority to regulate factory
health and safety, accident prevention, and dangerous trades
and to appoint inspectors to ensure compliance. However, this
system is less than fully satisfactory because of a shortage of
inspectors .
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GHANA
Ghana is governed by the Provisional National Defense Council
(PNDC) under the chairmanship of Flight Lieutenant Jerry John
Rawlings who seized power from an elected government on
December 31, 1981, and suspended the Constitution. Under the
establishment proclamation of January 11, 1982, the PNDC
exercises "all powers of government." In addition to Chairman
Rawlings, the PNDC consists of eight members, of whom two are
serving military officers and six are civilians. The executive
consists of ministries headed by secretaries, who together
constitute a committee of secretaries, chaired by a PNDC
member, that drafts laws for referral to the PNDC for final
consideration and approval. All senior national, regional, and
district officials are appointed by the PNDC.
In 1991, facing mounting public pressures for reform. Chairman
Rawlings announced various, carefully controlled steps in the
process of returning the country to constitutional rule,
including the lifting of the ban on politics following a
referendum on a new constitution. These steps included the
formation of a constitutional drafting committee, which
prepared a draft document by the end of July, and a
Consultative Assembly composed of 260 members to debate and
redraft a new constitution, a task it was unable to finish by
December 31. At year's end, the PNDC announced that the
constitutional referendum would still be held in April 1992 and
that presidential and parliamentary elections, to which
international observers would be invited, would take place
before the end of 1992.
The several security organizations report to various
departments of government, but all come under the control of
the PNDC. Most security cases of a political nature are
handled by the Bureau of National Investigation (BNI). All
security agencies report to the PNDC member for foreign affairs
and national security. There have been occasional instances of
police brutality.
Although Ghana is attempting to rebuild its industrial base
after years of economic mismanagement, more than 60 percent of
the population still draws its livelihood from agriculture.
Cocoa and cocoa products provide more than half of export
revenues. Gold, timber, and diamonds are also produced and
exported. Annual economic growth has averaged 5 to 6 percent
since the inception of an economic recovery program in 1983.
Human rights remained circumscribed in Ghana, but the situation
improved in 1991, with Ghanaians speaking out on political
issues as never before under the PNDC. The fragility of this
progress was demonstrated by the arrests late in 1991 of
several opposition leaders for expressing their opinions.
Independent newspapers became outspokenly critical of the PNDC,
and government opponents voiced their opinions in seminars,
press conferences, speeches, and press releases. Various
social and "public interest" organizations fronting for the
still banned political parties sprang up during the year. They
expressed dissatisfaction with the PNDC's control over the
reform process. In September they formed, with the Movement
for Freedom and Justice (MFJ) , the Coordinating Committee of
Democratic Forces (CCDF) to issue statements on behalf of all
opposition groups. However, there continued to be restrictions
on such basic rights as freedom of speech, press, assembly, and
religion; the right of citizens to change their government; and
legal due process. Summary arrest and detention were
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GHANA
continuing problems, with many instances of incarceration
without formal charges .
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and other Extrajudicial Killing
There were no reports of politically motivated or other
extrajudicial killings.
b. Disappearance
Similarly, no politically motivated disappearances were
reported.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were occasional credible reports of mistreatment of
prisoners, such as keeping them in isolation for long periods
and in dark, small cells without clothes or proper beds.
Prisons in Ghana are antiquated and seriously overcrowded, and
conditions are harsh. From time to time, the PNDC has commuted
the sentences of ill or aged prisoners. The most recent
example was in January 1992 when the PNDC granted amnesty to
roughly 1,000 prisoners.
There are occasional reports of excessive police force,
especially during arrests. In May a demonstrator calling for
the resignation of the PNDC was allegedly beaten by police. In
December an opposition leader was arrested for allegedly coming
to his feet tardily during the playing of the national anthem
and entrance of the paramount chief. He was "drilled" twice a
day in how to show respect for the flag and reportedly had his
head shaved with a broken bottle, although upon his release he
denied being tortured.
d. Arbitrary Arrest, Detention, or Exile
The Criminal Code provides minimal legal protection against
arbitrary arrest and detention. Although accused persons have
the right to be charged formally within 48 hours of detention,
the court can set excessive bail or refuse to release persons
on bail and instead remand them without charge for an
indefinite period, subject to weekly review by judicial
authorities. The only crimes for which, by statute, there is
no bail are murder and subversion. PNDC Law 4 (preventive
custody law of 1982) provides for indefinite detention without
trial if the PNDC determines it is in the interest of national
security. A 1984 law prevents any judicial inquiry into the
grounds for detention under PNDC Law 4. Ghanaian security
forces occasionally take persons into custody, with or without
warrants, and hold them incommunicado for extended periods of
time, with no legal recourse available to the detainee. The
threat of such treatment serves as a deterrent to political or
other opposition activities.
Businessmen suspected of illegal activities have been arrested
and incarcerated while the Government undertook
investigations. Lebanese and other resident foreign
businessmen have been jailed and held for extended periods
without formal charges and without trial. In some cases.
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GHANA
incarcerated businessmen have been released without any trial
after paying a sum, informally deemed to be a suitable
reparation, to the National Investigation Committee. In 1990 a
naturalized American citizen of Ghanaian origin was held
without charge and eventually released in August 1991 after
repeated high-level U.S. representations.
The exact number of long-term political prisoners and detainees
at the end of 1991 was unknown; the best estimates indicate 50
to 90. The Movement for Freedom and Justice (MFJ), a movement
organized to provide a forum for the banned political parties
to present their views on the return to constitutional rule and
human rights issues, and several international human rights
groups published lists during 1991. The MFJ claims that there
are others in detention whose names it does not know. The PNDC
often detains for several months Ghanaians who have been
repatriated to Ghana after having been denied political asylum
in Western countries. In addition, persons are regularly
detained for a few days to a few weeks for a variety of reasons
and then released.
It is difficult to determine how many of the 50 to 90 long-term
detainees are political detainees. The Government claims that
28 are held on criminal charges and 36 in connection with coup
attempts. All of them have been, and are being, denied the
right to a speedy, fair, and public trial. The Government
gives no indication that it is prepared to bring them to trial.
The Government does not practice forced exile. In July it
offered limited amnesty to voluntary exiles, excluding those
convicted of any criminal offense, wanted by the police for a
criminal offense, or under sentence of death by any court or
tribunal in Ghana. In recent years, the PNDC has also quietly
encouraged Ghanaians, including dissidents, with valuable
skills who are living abroad to return; in some cases, the
Government has offered amnesty. Some former government and
PNDC officials have returned and resumed careers outside
politics, apparently without difficulties.
e. Denial of Fair Public Trial
Three court systems exist in Ghana. In the "prerevolutionary"
court system, traditional legal safeguards are based on British
legal practices. Trials are public, and defendants have a
right to be present, to be represented by an attorney, and to
present evidence and cross-examine witnesses. This system
includes high courts, appeals courts, and the Supreme Court
headed by a Chief Justice. There are limitations, however, in
the independence of these courts. In the past, the PNDC has
summarily dismissed judges, thereby warning them that they
serve at the PNDC's sufferance. In 1989 the Government
reconstituted the judicial council but confined it to an
advisory role for judicial appointments and disciplinary
matters. The judiciary is still not independent.
A separate public tribunal system at the national and regional
levels was set up by the PNDC in 1982 to bypass the regular
court system and speed up the judicial process by restricting
the procedural rights of defendants. The public tribunals
depend largely on judges with little or no legal experience,
and they shortcut legal safeguards and due process to provide
"rough and ready" decisions, particularly in criminal cases.
This system includes the Office of Revenue Commissioners, the
National Investigations Committee (which, established by PNDC
Law 2, has the power to investigate virtually any allegation
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GHANA
referred to it by the PNDC) , the Special Military Tribunal, and
the Public Tribunals Board.
The PNDC normally avoids bringing political and security cases
to trial, preferring to keep suspected opponents in indefinite
detention. However, if cases come to trial, they are heard by
public tribunals. PNDC Law 24 empowers public tribunals to
impose the death penalty for any crime specified a capital
offense by the PNDC or if the tribunal determines that it is
merited in a particular case, even if the crime is not
punishable by the death penalty under regular statutes. There
are no known instances of this law being used. No appeals were
permitted until 1985, when the National Appeals Tribunal was
created. The Ghana Bar Association has elected not to practice
before the public tribunals and currently has a court case
pending which hinges on its opposition to the tribunals.
The Chieftaincy Act of 1971 gives the village and other
traditional chiefs powers in local matters, including authority
to enforce customary tribal laws on such matters as divorce,
child-custody, and property disputes.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Citizens engaged in activity deemed objectionable by the
Government are subject to interference with regatd to private
conduct, including monitoring of telephones and mail. There is
no recourse if a government agency wiretaps or interferes with
private correspondence. In past years, forced entry into homes
has been reported in connection with security investigations.
In 1990 the PNDC began redefining the role of the local
Committees for the Defense of the Revolution (CDR's), which
previously functioned as neighborhood watch committees and
reported individual political behavior to the Government.
Various PNDC officials have called on the CDR's and the Civil
Defense Organizations (CDO's) to exercise restraint during the
transition to constitutional rule. However, there continue to
be credible reports of CDR interference in private and tribal
matters .
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and the press remain restricted by certain
laws. However, the PNDC has allowed a considerable relaxation
in the enforcement of these laws. Several newspapers have
sprung up and these, plus some established independent papers,
have been outspoken in their criticism of the PNDC. Also,
organizations such as the Ghana Bar Association, the MFJ, the
Trade Union Congress (TUC), the National Union of Ghanaian
Students (NUGS), and others have been equally outspoken in
their criticism of the Government. However, arrests late in
the year of a newspaper editor and two opposition figures
showed that there are still limits on freedom of expression.
The Government owns the radio and television stations and the
two principal daily newspapers. Reporting in the official
media accentuates the positive aspects of government policies
but also covers selected instances of corruption and
mismanagement in government agencies and state-owned
enterprises. In general, the government-owned media do not
carry criticism of government policies or of Chairman Rawlings
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GHANA
and PNDC members. They also do not cover the opposition. In
recent months, the official media have opened up somewhat, and
a wider range of opinion is now available. Journalists are
occasionally subject to discipline or dismissal by the
Government for publishing articles deemed unacceptable. As a
result, self-censorship is a pattern in the official media, and
writers, editors, and commentators rarely cross the boundary of
acceptable reporting and commentary.
Foreign periodicals such as West Africa, Time, and Newsweek are
sold in Accra and other major cities; even issues containing
articles critical of Ghana's Government circulate freely. Most
Western journalists are routinely accorded visas and press
credentials as opposed to the practices of a few years ago.
Although in principle the university campuses are subject to
many of the same prohibitions on political expression as apply
to the society in general, the PNDC has not suppressed academic
freedom. The NUGS, one of the more vocal critics of the PNDC,
is tolerated and allowed to organize and hold meetings. There
have been several student demonstrations critical of the PNDC,
but the Government has not taken any action against the student
groups .
b. Freedom of Peaceful Assembly and Association
Freedom of assembly and association is restricted. People
generally are free to join together formally or informally to
promote benevolent or nonpolitical causes, but permits are
required for public meetings or demonstrations, and these are
seldom granted for political purposes, particularly if the
applicant's views are at odds with those of the Government.
The MFJ and the CCDF have repeatedly been denied permits to
hold rallies.
Political parties and political meetings are prohibited. The
Government barred persons with close ties to the old parties
from running as candidates for election to the district
assemblies in 1988-89. Chairman Rawlings has said that the ban
on political parties cannot be lifted until the Consultative
Assembly has determined what organization will oversee the
electoral process, the procedures for registration of parties,
and the regulations regarding their activities. The
Consultative Assembly was unable to complete its work by the
end of the year, as scheduled, and is now expected to finish by
February or March 1992. In a speech opening the Consultative
Assembly in August, Chairman Rawlings indicated that
legislation lifting the ban on political parties and activities
will be adopted within 2 weeks after the constitutional
referendum. In anticipation of open politics, a number of
clubs and societies have sprung up that have close ties to the
two former major parties and that freely discuss political
issues and often criticize the PNDC.
c. Freedom of Religion
There is no state-favored religion. Ghanaians are
predominantly Christian, and Christians of all sects as well as
Muslims are well represented at all levels of government.
There are no apparent advantages or disadvantages attached to
membership in any particular sect or religion.
PNDC efforts to urge the major religious communities to support
its economic and social policies have created tensions.
Chairman Rawlings publicly criticized the Roman Catholic Church
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for prohibiting its priests from participating in the district
assemblies. The PNDC has also been sensitive to criticism of
Ghana's human rights record by leaders of various denominations.
PNDC Law 221 of Jvine 1989 rec[uired all religious organizations
to register with the religious affairs committee of the
National Commission on Culture. The Commission was granted
authority to deny registration and the right to worship
publicly to any religious group whose actions, it concluded,
would lead to social disruption or offend the morals of the
people. The Government received some 11,000 applications from
various churches wishing to register. However, the Roman
Catholic Church and the 14 mainline Protestant churches which
belong to the Christian Council have refused to register on
grounds that the law infringed on freedom of religion. The
Government has made no effort to enforce that law, and those
religious bodies that refused to register continue to worship
freely. In 1991 the PNDC suspended this religious registration
law while it conducted discussions with the Catholic
Secretariat and the Protestant Christian Council.
Also in June 1989, the Government "froze" the assets of four
churches, two indigenous Christian churches plus the Jehovah's
Witnesses and the Church of Jesus Christ of Latter-day Saints
(Mormons), and expelled their foreign personnel. The
indigenous churches had often been accused of promoting
practices offensive to the general community; the Jehovah's
Witness community was accused of not showing proper respect for
the symbols of Ghana's Government, and the Mormons were accused
of practicing racism. On November 30, 1990, the Government
rescinded the prohibition on the Mormons. The Government met
with the Jehovah's Witnesses in July 1991 and in November
unfroze the church's assets and allowed it to resume public
worship.
Other foreign missionary groups have generally operated
throughout the country with a minimum of formal restrictions.
Some churches have had difficulty obtaining visas and residence
permits for some of their expatriate missionaries.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Ghanaians and foreigners are free to move throughout Ghana
without special permission. Police checkpoints exist
countrywide for the prevention of smuggling. Roadblocks and
car searches are a normal part of nighttime travel in Accra.
As members of the Economic Community of West African States,
Ghanaians may travel without visas for up to 90 days in member
states. Ghanaians are generally free to exercise this right,
and nationals of other member states are free to travel to
Ghana. Ghanaians are also free to emigrate or to be
repatriated from other countries.
In what appeared to be deliberate harassment, the deputy
national secretary of the MFJ, upon his return from a trip
abroad, was interrogated for several hours, searched, and had
some of his possessions confiscated. He was told to report to
the Bureau of National Investigation, the ecpaivalent of the U.
S. Federal Bureau of Investigation, the next day. When he did
so, his possessions were returned, and he received an apology.
Since the last half of 1990, Ghana has been faced with a
growing refugee population. Liberians fleeing civil war began
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GHANA
to arrive in August 1990. By November 1990, Ghana was hosting
some 8,000 Liber ian refugees. Most of the new refugee
population, as well as many transiting third-country nationals
who also fled Liberia, were housed in a United Nations High
Commissioner for Refugees (UNHCR) and government-assisted camp
20 kilometers outside of Accra. An undetermined number of
refugees have spontaneously returned to Liberia since then. By
August 1991, the estimated camp population was 3,000 to 4,000.
In addition, over 15,000 Ghanaians who resided in Liberia
returned to their home villages in Ghana, often imposing great
strain on government social services. Prior to the influx of
Liber ians, Ghana was hosting approximately 150 refugees
registered with the UNHCR.
In December 1991, some 1,500 to 2,000 Togolese fled
disturbances in Lome and entered Ghana. However, by the end of
the year most had voluntarily returned to Togo.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens do not have this right. Chairman Rawlings and the
PNDC exercise total executive, legislative, and administrative
power. However, in January Chairman Rawlings announced that
the PNDC had entered its last phase, and the country would have
a new constitution by the end of the year. In August, at the
inauguration of the Consultative Assembly, he announced that if
the Assembly finished its work in debating and preparing a new
constitution by December 31, the constitutional referendum
would be held in February or March.
The Consultative Assembly, composed of 260 members — 117 elected
by the district assemblies, 121 elected by organizations, and
22 appointed by the PNDC — was not able to complete its work by
year's end, in part due to administrative problems and the need
for Assembly members to consult with constituents. As a
result, the referendum was rescheduled for April to be followed
2 weeks later by the lifting of the ban on political parties.
According to the PNDC timetable, presidential and parliamentary
elections would still be held by the end of 1992, with
international observers invited to attend.
A key step in 1991 was the passage of a law establishing an
independent electoral commission to replace the PNDC-controlled
National Commission on Democracy. The law established the
requisite de jure independence for the commission; however, it
remains to be seen whether the PNDC will appoint commissioners
of the necessary stature, integrity, and neutrality to provide
de facto independence.
There has been heavy criticism of the PNDC control over the
transition process, including its method of selecting members
for the Consultative Assembly, e.g., allegedly for favoring
groups with PNDC sympathies. However, the Assembly seems to be
operating as an independent body, and the PNDC has made no
effort to influence its deliberations, even when the Assembly
challenges established PNDC policy.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
An organization called the Ghana Committee on Human and
People's Rights was formed in October. Several other
organizations — most notably the Ghana Bar Association and the
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MFJ — have attempted to address human rights issues from time to
time. The Government's reactions to these efforts have ranged
from indifference to active discouragement. In 1991 the PNDC
invited Amnesty International (AI) to visit Ghana to discuss
alleged inaccuracies in an AI report. The Government permits
prison visits by the International Committee of the Red Cross.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Although ethnic differences are intentionally played dovm by
the Government, opponents of the PNDC occasionally complain
that the PNDC and the political leadership are dominated by the
Ewe ethnic group from eastern Ghana. Chairman Rawlings and a
number of his close advisors are Ewe, but many PNDC members and
secretaries are from other ethnic groups.
The Government has made concerted efforts to raise the status
of women, but Ghanaian women remain subject to some forms of
societal discrimination. In 1985 the PNDC promulgated four
laws which overturned many of the customary, traditional, and
colonial laws which discriminated against women. These
concerned family accountability, intestate succession,
customary divorce registrations, and the administration of
estates. Women in urban centers and those who have entered the
modern sector encounter little overt bias, but resistance to
women in nontraditional roles persists. Women in the rural
agricultural sector remain subject to traditional male
dominance and heavy field labor. Statistics show a 50/50
percent male/female ratio in enrollments in grade 1, dropping
to 66/34 percent by grade 6, 80/20 percent at secondary level,
and a 90/10 percent at university level.
Violence against women, including wife beating, occurs, but, as
there are no statistics or studies available, the extent of the
problem is unknown. Police do not normally intervene in
domestic disputes, and such cases seldom come before the
courts. The Government has not addressed the issue of violence
against women, but it strongly discourages the practice of
female circumcision, although it has not made it illegal.
Female mutilation (e.g., clitor idectomy) is practiced only in
the far northeastern and northwestern parts of the country.
Section 6 Worker Rights
a. The Right of Association
This right is restricted as the trade unions' ordinance confers
broad powers on the Government to refuse to register a trade
union. However, the PNDC has not interfered with the right of
workers to associate in labor unions. Civil servants are
prohibited by law from joining or organizing a trade union.
Trade unions in Ghana and their activities are still governed
by the Industrial Relations Act (IRA) of 1965. The Trade Union
Congress (TUC) , established in 1958, represents organized labor
in Ghana. It has been the sole central organization since its
creation, when it was closely linked to Nkrumah's Convention
People's Party. The TUC has been reorganized on a number of
occasions, including by a pro-PNDC faction following the
military coup of 1981. In 1984 the progovernment slate was
defeated in a free election by experienced union leaders who,
aided by a revised union constitution and bylaws, have sought
to define an autonomous role for the TUC within the PNDC regime.
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GHANA
The right to strike is recognized in law. Under the IRA, the
Government has established a system of settling disputes, first
through conciliation, then arbitration. There has been no
progress in implementing the Government's declared intention to
replace this system with labor tribunals to arbitrate
industrial disputes certified as deadlocked.
The Committee of Experts (COE) of the International Labor
Organization (ILO) and other ILO bodies continue to criticize
Ghanaian legislation that limits the right of workers to form
unions of their own choosing.
The TUC is affiliated with the Organization of African Trade
Union Unity (OATUU) , which has its headquarters in Accra.
Consistent with OATUU guidelines, the TUC maintains no other
international affiliations, although it has friendly relations
with a variety of international trade union organizations.
b. The Right to Organize and Bargain Collectively
The IRA provides a framework for collective bargaining and some
protection against antiunion discrimination as well. Ghana's
trade unions engage in collective bargaining for wages and
benefits with both private and state-owned enterprises, though
in the latter category the threat of detention (a common
practice in the early 1980 's) hangs over union leaders to force
agreement on issues. No union leaders were detained in recent
years for union, or other, activities. There are no
functioning export processing zones in Ghana.
c. Prohibition of Forced or Compulsory Labor
Ghanaian law prohibits forced labor, and it is not known to be
practiced. The COE continues to urge the Government to revise
various legal provisions that permit imprisonment with an
obligation to perform labor for offenses that are not
countenanced under ILO Convention 105, ratified by Ghana in
1958.
d. Minimum Age for Employment of Children
Labor legislation in Ghana sets a minimum employment age of 15
and prohibits night work and certain types of hazardous labor
for those under 18. In practice, child labor is prevalent, and
young children of school age can often be found during the day
performing menial tasks in the market or collecting fares on
local buses. Observance of minimum age laws is eroded by local
custom and economic circumstances that encourage children to
work to help their families. Violators of regulations
prohibiting heavy labor and night work for children are
occasionally punished. Inspectors from the Ministry of
Mobilization and Social Welfare are responsible for enforcement
of child labor regulations.
e. Acceptable Conditions of Work
Minimum standards for wages and working conditions are
established through a tripartite committee composed of
representatives of government, labor, and employees. It
establishes a minimum wage rate, and other salaries are
adjusted accordingly. In August the tripartite commission
established a minimum wage combining wages with customary
benefits, such as a transportation allowance, but the existing
minimum wage is insufficient for a single wage earner to
support a family. In most cases households are supportefi by
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GHANA
multiple wage earners, some family farming, and other family
based commercial activities.
The basic workweek in Ghana is 40 hours. Occupational safety
and health regulations are in effect, and sanctions are
occasionally applied through the Labor Department of the
Ministry of Social Welfare. However, Ministry officials are
few in number and poorly trained. They will take action if
matters are called to their attention, but lack the resources
to seek out violations.
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Under President Lansana Conte, Guinea has been governed by the
Military Committee for National Recovery (CMRN) and a joint
military and civilian cabinet since 1984. While in 1991
authority remained with the President and his Cabinet, who
continued to govern by decree, in February President Conte
replaced the CMRS with the Transitional Committee for National
Recovery (CTRN) . The CTRN has been assigned lawmaking (i.e.,
legislative) tasks, but the new Constitution only specifies
that the CTRN replaces the CMRN until the Constitution becomes
effective. In 1991 the CTRN concentrated largely on drafting
the "organic" laws necessary to implement the Constitution,
which, passed by referendum in December 1990, provides for a
maximum interim 5-year period of mixed military and civilian
administration leading to at least a two party system of
government. The Cabinet includes representation from all
ethnic groups, but it appeared divided on the need and pace of
political reform. Ethnic violence surfaced again in 1991,
especially after local elections in June, resulting in hundreds
of deaths .
The pace of reform was very much controlled by President Conte
and his team. National Assembly elections are to take place by
the end of 1992, and the new Assembly will then set a date for
presidential elections. Political parties were not permitted,
and in May all meetings and demonstrations were banned,
effectively neutralizing the nascent opposition. By late in
the year, 30 parties and political organizations had formed,
but the Government mandated that they restrict their activities
to meetings in private homes until promulgation of the
political party law.
Military and paramilitary forces number around 17,000 persons.
Responsibility for internal security is shared by the
gendarmerie, the national police, and a well-armed Presidential
Guard. Both the military and the police committed human rights
abuses in 1991. Lawyers were still not allowed in police
stations to help prevent such abuses.
Over 80 percent of Guinea's 7 million people live by
svibsistence agriculture, and per capita gross domestic product
is around $430. Guinea's major exports are bauxite, gold, and
diamonds. In 1991 the World Bank and the International
Monetary Fund (IMF) continued to oversee Guinea's major
economic restructuring program, which involves, inter alia, a
sharp reduction in the size of the public service. This
austerity program was viewed by critics as a major cause of
political turbulence in 1991.
Human rights in Guinea remained tightly circumscribed in 1991,
although public discussion of political reform and the new
Constitution stimulated expectations for change. Major
problems included the inability of the Government to curb
ethnic violence and serious abuses by poorly disciplined
security forces, the use of arbitrary arrest and detention to
harass alleged opponents, and restrictions on speech, the
press, assembly, and association.
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RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Extrajudicial Killings
There were no reports of political killings. However, there
were a number of extrajudicial killings in 1991, mainly
associated with ethnic violence. In June, following local
elections outside Conakry, there were ethnic riots in several
prefectures, notably in N'Zerekore. There, several hundred
people died in clashes between Malinkes and Guerzes touched off
by intertribal taunting after the announcement of election
results .
In January gendarmes in Dalaba beat a suspected thief to death
and then tried to disguise it as a suicide. A march was
organized on the gendarmerie which resulted in the wounding of
two people and the burning of the gendarmerie post.
Subsequently, the resident minister denounced the human rights
abuses on Guinean radio as being inconsistent with the new
Constitution. The gendarmes were not brought to trial. In
April, in Kissidougou, a man was shot and killed by police
after an argument .
The authorities' treatment of Alpha Conde, an opposition
leader, led to one death. He returned to Guinea from abroad in
May, and the authorities immediately accused him of secretly
bringing weapons into the country. The charges were believed
to have been trumped up (see Section l.d.). Police used
excessive force to break up a planned rally organized by
Conde's Rally of the Guinean People (RPG) , injuring several
persons. A few weeks later, police killed a demonstrator
protesting a police summons for Conde to report to police
headc[uarters .
In the first half of 1991, there were reports from the
Guinea-Liber ian border of soldiers detaining and killing
supporters of the Liberian rebel leader, Charles Taylor.
Taylor and his National Patriotic Front of Liberia (NPFL)
forces had reportedly killed a number of Guineans living in
Liberia. Given fears of a Taylor insurgency in Guinea, Guinean
security forces were more likely to detain refugees suspected
of being Taylor supporters, including those bearing scorpion
tattoos (the symbol of Charles Taylor's forces). Guinean
security forces also took measures to protect refugees with
scorpion tattoos from other Liber ians when it was determined
that they had been forcibly tattooed.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The 1965 Penal Code and the Constitution prohibit torture and
cruel, inhuman, and degrading treatment. However, the Guinean
police are often guilty of brutality against suspects, as the
Dalaba incident indicated. Prison conditions, including those
in the women's prison, are primitive and unhealthy. Deaths due
to malnutrition and disease are frequent. An article in the
February 10, 1991, issue of Horoya, the official newspaper,
highlighted this point.
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GUINEA
d. Arbitrary Arrest, Detention, or Exile
Ineffective administrative controls and limited legal resources
make arbitrary arrest a persistent threat to Guineans. There
were cases of arbitrary arrest and detention in 1991. The most
important involved actions taken following the May return of
the opposition leader Alpha Conde. In a June 20 police raid on
Conde's home, the police apparently exceeded the terms of their
warrant, seizing not only Conde's papers (as instructed) but
stealing large c[uantities of personal items and cash as well.
While Conde was not at home at the time of the raid, police
arrested 60 of his followers (including his brother), 12 of
whom were subsequently brought to trial on charges of
possession of illegal weapons and harboring delinquents. At
one point, Conde's lawyer was briefly held by the police.
Conde himself took refuge in the residence of the Senegalese
Ambassador and later was allowed to leave the country at the
rec[uest of the Senegalese Government.
Many members of the public viewed the case as a frame-up by
elements within the Government (the "arms" shown on television
to a skeptical public turned out to be knives and chemical mace
freely available in the local markets). The case also received
international attention and criticism. Ultimately, Conde's
brother received a nominal fine for possession of illegal
munitions, and charges against the other defendants were
dismissed. The judge ordered the police to return Conde's
property. No disciplinary action was taken against the police.
In December 1990, lawyer and civil rights activist Christian
Sow was summoned and escorted first to the police station, and
then, at gun point, to the Police Academy, 50 kilometers out of
the city. During the night, he received a head injury under
circumstances never clarified, although the police claimed it
was self-inflicted. When his colleagues first inquired about
him at the police station, the police said that they had not
seen him. However, the next morning, the police chief released
him without explanation. One credible report indicated the
incident was the product of a dispute within the CMRN, the
military leadership directly preceding the CTRN, over the
powers of the police. Again, no action was taken to discipline
the responsible police officials.
Roger Millimono, an official in the Ministry of Tourism,
Information, and Culture, was summarily held for 2 months in
prison without specific charge or trial, with the Government
explaining only that it was an "affair of state." Guinean
lawyers complained about improper procedures until Millimono
was released. Mr. Millimono subsequently resumed his duties at
the Ministry.
e. Denial of Fair Public Trial
Guinean law provides guarantees of due process. The Guinean
Penal Code provides for the presumption of innocence of accused
persons, the independence of judges, the equality of citizens
before the law, the right of the accused to counsel, and the
right to appeal a judicial decision.
At present, the judiciary is susceptible to influence by the
executive, although the new Constitution affirms the
judiciary's independence. In trials drawing international
attention, such as the cases involving Conde's supporters, the
legal procedures are more likely to be observed.
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GUINEA
The judiciary includes the courts of first instance (or justice
of the peace at the local level) and two courts of appeal (one
in Kankan, one in Conakry) . The Court of /Annulment is the
Guinean last court of appeal. Guinean law provides for a court
of state security under certain circumstances, but one has not
met since the trial of those allegedly involved in the coup
attempt of 1985. A military tribunal prepares and adjudicates
charges against accused military personnel. However, since
1988 all judgments regarding violations under the Penal Code
have been rendered by civilian courts. There is a traditional
system of justice at the village or urban neighborhood level
where litigants present their civil cases before a village
chief, neighborhood chief, or council of wise men for
judgment. Trials are public. Those accused of major crimes
have the right to an attorney at public expense if they cannot
afford counsel .
The dividing line between the formal and informal justice
system is vague, and a case may be referred from the formal to
the traditional system to ensure compliance by all parties with
the judicial ruling. Conversely, if a case cannot be resolved
to the satisfaction of all parties in the traditional system,
it may be referred to the formal system for adjudication.
In late 1990 and early 1991, officials in the Ministry of
Finance and the Economy were prosecuted for corruption. In a
trial at the Court of Assizes in Conakry, they were found
guilty and given light sentences.
Suspected criminals caught in urban areas are sometimes beaten
to death by victims and their neighbors with the tacit approval
of police authorities. While public officials have openly
condemned such summary justice, no one has ever been tried or
punished for it .
The administration of justice is plagued by numerous problems:
the shortage of magistrates (who are generally poorly trained)
and lawyers (35 in all), an outdated and overrestrictive legal
code, and corruption. There are also allegations of nepotism
in the administration of justice, with relatives of influential
members of the Government being virtually immune to the law.
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government stresses traditional family values and the
inviolability of the home. However, the possibility of
interference in citizens' lives continues primarily through
police harassment. It is widely believed that security
officials monitor mail and telephone calls. Judicial search
warrants are required by law, but these procedures are
frequently ignored or, as in the Conde affair (see Section
l.d.), not strictly followed.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
While the Government publicly states that it supports free
speech and a free press, and the new Constitution provides for
an unspecified degree of freedom of expression, these freedoms
are restricted in practice. A new press law, while proclaiming
freedom of press and communications, prohibits communications
which offend the Guinean President, incite to violence,
discrimination or hatred, or disturb the public peace.
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GUINEA
Seditious cries or chants uttered in public are also
prohibited. The law permits the preventive arrest of
publishers, authors, printers, and vendors in all of the above
cases .
The Government owns and operates most of the news media.
Reporters, who are government employees, practice
self-censorship in order to protect their jobs. The Ministry
of Information, Culture, and Tourism continues to act as
overseer of the media, but censorship appears to have
diminished in 1991. A somewhat bolder spirit of criticism in
the Government-owned media surfaced, providing franker and more
open coverage of events. For example, there was open
discussion in the media of the bloody ethnic rioting in
N'Zerekore in June.
Beginning in June, several independent journals sprang up, some
of which were very outspoken in their criticism of the
Government. However, these tended to be published irregularly
and were generally short-lived, due to technical and financial
difficulties rather than government restriction.
Several political tracts, both signed and unsigned, that
included specific criticisms of the President and other
officials were distributed widely in Conakry and other
regions. In February, two Guineans issuing leaflets hostile to
Conte's regime were arrested; the text of the leaflets had a
racist edge. However, foreign publications, some of which
include criticism of the Government, circulated freely in
Guinea. There was no attempt to interfere with foreign radio
broadcasts.
b. Freedom of Peaceful Assembly and Association
Public gatherings may take place only with the approval of the
Government. The Penal Code bans any meeting that has an ethnic
or racial character or any gathering "whose nature threatens
national unity." Political parties are still not officially
sauictioned, although more than 30 embryonic groups had begun to
organize by year's end. The President stated at midyear that
party organization (but not party-stimulated public unrest) was
permissible and counseled politicians to be patient until the
laws permitting open political activity entered into force.
Open party competition was scheduled to begin on April 3, 1992,
after the Government promulgates its law on parties.
When Alpha Conde attempted to hold a rally on May 19, security
forces intervened with tear gas, injuring three people. The
Government justified the action on the grounds that Conde did
not have a permit (see Section l.a.). In October and November,
three demonstrations by students and former civil servants
protesting unemployment took place without incident.
The Government encourages the formation of nonpolitical
professional organizations, whose numbers continue to increase.
c. Freedom of Religion
Large religious groups enjoy religious freedom and tolerance.
An estimated 85 percent of the population is Muslim. There is
no official state religion, and the preamble of the new
Constitution declares Guinea to be a secular state. The
Government observes major Christian and Muslim holidays.
Foreign missionaries, both Catholic and Protestant, operate
freely in Guinea. The state-owned radio and television
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GUINEA
Stations provide regular air time for both Christian and Muslim
broadcasts. In the only known case of violence possibly
related to religion, churches and mosques were damaged during
the June rioting in N'Zerekore (see Section l.a.).
The Government and the quasi-governmental National Islamic
League (LIN) have spoken out against the proliferation of
"pseudo-sects (within Guinean Islam) generating confusion and
deviation" but have not restricted these groups. The new
Constitution guarantees religious communities the freedom to
administer themselves without state interference.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation.
Guineans are free to travel within the country and to change
their place of residence and work, although in practice they
face harassment by police and military roadblocks, particularly
at night. It is common for citizens to pay bribes to avoid
police harassment. Foreign travel is permitted, although the
Government retains the ability to limit it for political
reasons .
About 450,000 Liber ians and Sierra Leoneans have sought refuge
in Guinea, mostly in the forest region. The Government
continues to work closely with the United Nations High
Commissioner for Refugees (UNHCR) and many other international
and nongovernmental organizations to provide food and shelter
for the refugees. Some were accused of involvement in the
N'Zerekore violence leading to fears of expulsion. No action
was taken against them, and the UNHCR participated in an
investigation that showed the refugees were no more involved
than their nvunbers and degree of integration into society would
have predicted. With the aid of the donors, the majority of
refugees have been well treated by the Government. However,
there were unconfirmed reports in early 1991 of soldiers
killing refugees suspected of being Charles Taylor supporters.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Guinean citizens were not able to change their government
through democratic procedures in 1991. The President and his
Cabinet wielded full powers of government. The Constitution
(basic law) provides for a transition to democracy not to
exceed 5 years. On October 2, President Conte announced that
the CTRN would have finalized versions of all of the "organic
laws" by December 23; that full party activity would be
authorized when the law on political parties came into effect
on April 3, 1992; that legislative elections would be held by
the end of 1992; and that the legislature would fix the date of
presidential elections at its first session.
The role of the military in the Government continues to be a
key issue in political reform. Retiring or sending officers
back to the barracks remains a delicate process. A number of
senior officers were retired in 1991 without incident. The
future political role of the President and certain military
members of the Council of Ministers remains uncertain. The
Alpha Conde affair, as well as that of Christian Sow (Section
l.d.), demonstrated the existence of elements within the
Cabinet, particularly within the security forces, hostile to
democratic principles.
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GUINEA
The Constitution provides for basic human rights and for
democratic structures, including an elected president with
broad powers, an elected national assembly, an economic and
social council, and a supreme court. The Constitution and
relevant organic laws also provide for a multiparty system, as
long as parties are not ethnic or regional. The political
parties law allows the Interior Minister to suspend or disband
political parties, subject to judicial review, when they are
involved in such crimes as inciting violence.
Local elections were held in 1991. Councils were freely
elected — with multiple candidates and secret ballots — in the
five communes of Conakry on March 10, and Conakry district
elections were held on June 3. Communal elections outside
Conakry were held on June 9. There were no legal restrictions
on women or minorities in voting. However, in several
prefectures, the elections involved ethnic rioting, most
notably in N'Zerekore where hundreds died (see Section l.a.).
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are two local nongovernmental organizations in Guinea
that are primarily interested in human rights issues: the
Guinean Organization for Human Rights (OGDH) and the Children
of the Victims of Camp Boiro. The OGDH is composed largely of
members of the professions and is interested in legal and civil
rights as well as such social and economic rights as education
and employment. In one instance in 1991, it called for a
general strike in response to the arrest of Alpha Conde's
attorney. As with OGDH's other activities, the Government did
not interfere. The Children of the Victims of Camp Boiro
(Sekou Toure's main detention center for political prisoners)
became an officially recognized civic organization in 1991. In
addition to seeking restitution of losses for the families of
those who died at Camp Boiro, this organization began planning
a center to collect and disseminate information about human
rights violations committed in Guinea, with a view to
preventing future violations. Partly as a result of this
organization's efforts, the Government announced plans to
create a museum at Camp Boiro. There was no evidence of
government restrictions on human rights activities by OGDH or
by other nongovernmental organizations. There were no calls
for international investigations of human rights violations in
Guinea in 1991.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
While racial or ethnic discrimination is prohibited by the
Constitution and the Penal Code, ethnic identification is
strong in Guinea and mutual suspicion affects relations across
ethnic lines, in and out of government. Official government
policy is to include representatives of all major ethnic groups
in the Government, but the Soussou ethnic group of President
Conte tends to predominate at the most important levels. A
disproportionate number of police are Malinke, former President
Toure's ethnic group.
Women face discrimination in Guinea, although the Constitution
provides for the equality of sexes. In particular, in rural
Guinea opportunities for women are limited by custom and the
demands of subsistence farming. The Government has affirmed
the principle of equal pay for equal work, but in practice
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GUINEA
women receive less pay than men in most jobs. In education,
according to a U.N. Development Program report for 1991,
females receive only 20 percent of the schooling of males.
Violence against women, mainly wife beating, is a criminal
offense and constitutes grounds for divorce under civil law.
However, police rarely intervene in domestic disputes, and
prosecution of husbands for wife beating is infrequent. Health
workers in Guinea say that wife beating occurs, but differ as
to the extent of the problem. The issue received some exposure
in locally produced television dramas but is not mentioned in
the press or given governmental attention. Female genital
mutilation (circumcision) is widespread and practiced among all
religious groups in Guinea: Muslims, Christians, and animists,
although the current generation of young parents is less
supportive of this custom. Grandmothers frequently insist on
the circumcision of a granddaughter even when the parents are
opposed. The most dangerous form of circumcision,
inf ibulation, is not practiced.
Section 6 Worker Rights
a. The Right of Association
Guinea's Labor Code, drafted with the assistance of the
International Labor Organization (ILO) and promulgated in
January 1988, states that all workers (except military and
police) have the right to create and participate in
organizations that defend and develop their individual and
collective rights as workers. At least one independent union,
the General Workers Union of Guinea (UGTG), has emerged since
the new Labor Code ended the previously existing trade union
monopoly system. . The Labor Code requires elected worker
representatives for any enterprise employing 25 salaried
workers. In practice, most workers still belong to the
National Confederation of Guinean Workers (CNTG) which is
funded by the State. The union leadership began work in 1991
to develop a check-off system of dues collection, designed to
increase the Confederation's autonomy vis-a-vis the
Government. The CNTG played a prominent role in negotiations
with the Government in May which eventually led to a decision
to double government worker salaries. After reelecting its
leadership in early July, the CNTG rewrote its internal
constitution in light of the new national Constitution.
With the exception of those engaged in "essential services,"
the Labor Code grants salaried workers, including public sector
civilian workers, the right to strike 10 days after their
representative union makes known their intention to strike.
Mid-1991 saw a series of strikes and threatened strikes of
which the most important was a general strike, including
government workers, in early May. The strike was marred by
pro- and antigovernment violence. A strike at the Friguia
alumina plant was motivated at least in part by a desire to
embarrass the national mineworkers union and may presage a
period of local unions redefining their relationships with the
national unions. Notably, the police presence during the
strike was kept out of sight and violence was averted.
Unions may freely associate with international labor groups,
but the only notable affiliations are those the CNTG maintains
in African regional trade union organizations.
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GUINEA
b. The Right to Organize and Bargain Collectively
Under the Labor Code, representative workers' unions or union
groups may organize the workplace and negotiate with employers
or employer organizations. Collective bargaining for wages and
salaries is protected by law. Work rules and work hours
established by the employer are to be developed in consultation
with union delegates. Union delegates are to represent
individual and collective claims and grievances before the
employer. Individual workers threatened with dismissal or
other sanctions have the right to a hearing before the employer
with a union representative present. Antiunion discrimination
is prohibited by law. In July the CNTG added to all labor
contracts language prohibiting such discrimination. There are
no export processing zones in Guinea.
c. Prohibition of Forced or Compulsory Labor
The Labor Code specifically forbids forced or compulsory
labor. There is no evidence of its practice.
d. Minimum Age for Employment of Children
The minimum age for employment in the new Code is 16 years of
age. However, apprentices may start at 14. Workers and
apprentices below 18 are not permitted to work at night, nor
for more than 12 consecutive hours, nor on Sundays. The Labor
Code states that the Minister of Labor and Social Affairs must
maintain a list of occupations in which women and youth under
18 may not be employed. Enforcement, however, by inspectors
from this Ministry is limited to large firms in the modern
sector of the economy; children of all ages work on family
farms and in small trades.
e. Acceptable Conditions of Work
The Government has not yet enacted minimum wage legislation,
but the Labor Code provides for the eventual establishment by
decree of a guaranteed minimum hourly wage. There are also
provisions for overtime and night wages which are fixed
percentages of the regular wage.
According to the Labor Code, regular work is not to exceed
10-hour days or 48-hour weeks, with a 40-hour workweek being
the norm. The minimum weekly day of rest must be 24
consecutive hours, usually on Sunday. Every salaried worker
has the right to an annual paid holiday accumulated at the rate
of at least 2.5 workdays per month of service.
Several articles of the Code provide for safe working
conditions and the continued good health of workers, and labor
inspectors are empowered to suspend work immediately in
dangerous situations. These were as yet goals rather than
practice and were not enforced in 1991. The Ministry of Labor
and Social Affairs is supposed to enforce labor standards.
Labor inspectors acknowledge that they cannot even cover
Conakry, much less the entire country, with their small staffs
and meager budgets .
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GUINEA-BISSAU
The Republic of Guinea-Bissau is a one-party state with former
or present military leaders in key positions. General Joao
Bernardo Vieira serves as President of the Council of State and
Head of State, Commander-in-Chief, and General Secretary of
Guinea-Bissau's previously sole legal political party, the
African party for the Independence of Guinea-Bissau and Cape
Verde (PAIGC). In elections held in June 1989, Vieira, the
only candidate, was elected for a second 5-year term as
President. Effective power and day-to-day decisions rest in
the hands of the President and the Council of State. However,
there have been growing pressures for political reform, many of
them emanating from within the PAIGC. In 1991 President Vieira
and the PAIGC again reaffirmed that the political structure of
the country was to be changed to a presidentially based,
multiparty system by early 1993.
The armed forces (FARP) are responsible for state security,
both external and internal. FARP leaders are usually members
of the PAIGC and often hold key positions in the Political
Bureau or Central Committee. The police were responsible for
human rights abuses in 1991. Persons accused of political
crimes are tried by military tribunals.
Guinea-Bissau's population of 1 million is engaged largely in
subsistence agriculture. There are some exports of fish and
seafood and small amounts of peanuts. The Government's
post independence efforts to exercise central control over the
economy failed to stimulate agricultural production and
resulted in chronic shortages of most basic commodities,
inefficient state-owned enterprises, high unemployment, and a
weak national currency. In 1991 the economy remained extremely
fragile, despite a series of austerity reforms launched in the
late 1980 's to promote long-term economic growth.
Human rights remained circumscribed in 1991, as the Government
and party carefully controlled the reform process. It passed
potentially important legislation governing new parties, the
press, and labor, but it cracked down, through detentions,
physical mistreatment, and other forms of serious harassment,
on political opponents and nascent groups that attempted to
move quickly toward a multiparty system. By the end of the
year, three new opposition political parties had attained legal
status, ending a long midyear period of government inertia on
the legalization of the opposition. A group of 121 of the
PAIGC 's younger, more reformist members called publicly upon
the President to recommit himself to the transition and to
multipartyism.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political or extrajudicial killings,
nor any reports of deaths of persons in official custody.
b. Disappearance
There were no known cases of disappearance.
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GUINEA-BISSAU
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Pxinishment
The Constitution prohibits cruel and inhuman punishment, and a
recent revision also makes evidence obtained through torture or
other coercion invalid. However, security authorities employ
abusive interrogation methods, especially severe beatings. In
September the police beat four members of a nascent political
party while they were in police custody (see Section 2.b.).
There have been no known cases of police officers or security
officials being disciplined for such actions.
d. Arbitrary Arrest, Detention, or Exile
Arrests in Guinea-Bissau are frequently arbitrary, as arrest
procedures are undefined, and the use of arrest warrants is the
exception rather than the rule. The legal system, inherited
from the Portuguese but modified by the Constitution, includes
important procedural rights, such as the right to counsel, but
generally fails to provide adequate safeguards against
arbitrary or illegal arrest and detention. Bail procedures are
also observed erratically.
The Government frequently holds persons without charge or
trial, sometimes for extended periods of time, including in
incommunicado detention. The security services continue to
have the power administratively to detain suspects without
reference to judicial authority, often through the device of
house arrest. The Government used its detention powers in 1991
to arrest and hold for several hours six members of a
prospective new political party for alleged illegal
demonstrations .
e. Denial of Fair Public Trial
Traditional law still prevails in most rural areas, and many
urban dwellers continue to bring judicial disputes to
recognized traditional counselors. With some exceptions, the
official judicial system is based on the Portuguese model.
Intervals between arrest and trial are often lengthy. Defense
lawyers traditionally have been court appointed. Private legal
practice became permissible only in 1990.
The military dominates the handling of political and security
cases. Trials involving state security usually are not open to
outside observers and are conducted by military tribunals.
Armed forces members are tried by military courts for all
offenses. The Supreme Court is the final court of appeal for
both civilian and military cases, except those involving
national security matters. In this instance the Council of
State reviews all decisions.
The Government maintains that there are no political detainees
or prisoners held since the release in 1990 of 22 prisoners
convicted of involvement in a 1985 coup plot. There are
credible reports, however, that five persons classifiable as
political prisoners are restricted to living in the Bijagos
Islands and are permitted visits only by family members.
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Constitutional guarantees of the inviolability of domicile,
person, and correspondence are not always respected in cases of
serious crimes or state security. International and domestic
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GUINEA-BISSAU
mail may be subject to surveillance and censorship. While
membership in the PAIGC was never forced, persons with
political aspirations traditionally have realized the
importance of belonging to what was long Guinea-Bissau's sole
legal political party, and most government appointments in the
past have gone to party members.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of intellectual,
artistic, and scientific expression, with the significant
exception of cases in which these rights are exercised in a
manner "contrary to the promotion of social progress." In
practice, these freedoms are restricted. The Government
controls all information media and tends to view the press as a
vehicle for the expression of government views. Journalists
traditionally are government employees and practice
self-censorship to maintain their positions. Criticism of
certain officials or government offices appears from time to
time in the local news, but typically only when aimed at
persons who are already known to have lost the President's
support .
In the 1991 revisions to the Constitution, an article was added
that for the first time specifically provided for freedom of
the press and established a National Council of Social
Communications to oversee fair access to the electronic and
print media. While a new press law enacted late in the year
requires government media to reflect the full range of public
opinion without favor to any group, it is too early to know how
effective the law will prove in practice. By year's end, newly
legalized parties were granted 10 minutes of television airtime
per month and were being covered by radio news.
b. Freedom of Peaceful Assembly and Association
Although the Constitution provides for freedom of assembly and
association and government approval is not required for
peaceful, nonpolitical assemblies and demonstrations,
heretofore, all existing organizations have been linked to the
Government or the party. This situation changed significantly
during 1991, however, with the formation of numerous political
and nonpolitical organizations having no ties to the PAIGC.
Over a dozen groups attempted to gain legal status as political
parties, and at least five conducted effective nationwide
campaigns to gather the necessary petition signatures.
Newly emerging opposition political parties faced a number of
obstacles in complying with the prescribed legalization
procedures, including a complex and difficult system for
obtaining valid signatures on the required petition.
Additionally, police and security forces harassed and
intimidated potential petition signers, using inter alia,
detentions and physical mistreatment. During the year,
therefore, the Government's position remained ambiguous: the
groups had to canvas to gather signatures and then apply for
legalization by registering the list of their members with the
Supreme Court; until they attained that legal status, however,
they were not "parties" as such and could not properly organize
and publicly campaign to attract members. Nevertheless, three
parties managed to gain legal status, all in the last 3 weeks
of the year. Once legal, parties experienced no difficulties
with the authorities over demonstrations.
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GUINEA-BISSAU
c. Freedom of Religion
Religious freedom is provided for in the Constitution and has
been respected in practice. Christians, Muslims, and animists
worship freely, and proselytizing is permitted. However,
religious groups must be licensed by the Government. In 1991
there were no reports of groups being refused licenses.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Citizens are allowed to move freely throughout Guinea-Bissau.
Foreign travel is not restricted, nor is citizenship revoked
for political reasons. Over the past three decades a
considerable number of persons have emigrated for economic
reasons .
During late 1990 and early 1991, up to 6,000 Senegalese
refugees fled into northern Guinea-Bissau to escape the
separatist disturbances in the Casamance region of southern
Senegal. The Government worked with various international
donors, including the United States, to provide for the basic
health and nutritional needs of the refugees. No pressure was
placed on refugees to return to Senegal and at year's end the
U.N. High Commissioner for Refugees reported almost 5,000 still
in Guinea-Bissau, most of them indicating that they intended to
remain indefinitely.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens did not have this right in 1991. The PAIGC and
military elite, headed by President Joao Bernardo Vieira,
continued to control all political activity, including the pace
of reform. However, constitutional revisions in 1991 deleted
all reference to the PAIGC 's dominant role and allowed for new
parties, so long as they do not have an ethnic, regional, or
religious orientation. Although public expectations of
political liberalization outpaced actual reforms during much of
1991, progress toward democratization was made.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
A nonpartisan human rights group without government or
political ties was formed in 1991. This group, the Guinean
Human Rights League, has made low-key criticisms of the
Government, calling for penal reform and abolition of the death
penalty.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
While officially prohibited, discrimination against women
persists within certain ethnic groups, especially the Fulas and
Mandinkas of the north and east where female circumcision is
still a widespread practice, despite official prohibition.
Women enjoy higher status in the societies of the Balanta,
Papel, and Bijagos groups, who live mainly in the southern
coastal region. Women are responsible for much of the work on
subsistence farms, and they have limited access to education,
especially in rural areas. According to a recent U.N. study,
females in Guinea-Bissau receive only one-third the schooling
of males. While there are some high-ranking women in the
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GUINEA-BISSAU
Government and a ministry for the advancement of women exists,
authority remains overwhelmingly in the hands of men.
Physical violence, including wife beating, is an accepted means
of settling domestic disputes among all ethnic groups. While
police will intervene in domestic disputes if requested, the
Government has not undertaken specific measures to raise the
public consciousness of women or to reduce violence against
them. It has undertaken educational campaigns against the
practice of female circumcision, but the practice persists
among certain ethnic groups.
Section 6 Worker Rights
a. The Right of Association
In 1991 the Constitution was revised specifically to grant the
freedom to form independent trade unions, and the Government
had prepared, though still not enacted at year's end, enabling
legislation to enumerate the rights and obligations of new
unions. While the Constitution provides for freedom of
association, in practice only one trade union confederation,
the National Union of Workers of Guinea-Bissau (UNTG), exists
in Guinea-Bissau. With strong ties to the PAIGC, the UNTG more
closely resembles a mass party organization than an independent
union, and it has been neither aggressive nor effective in
promoting worker rights.
The new Constitution of 1991 includes an article which
recognizes the right to strike and prohibits lock-outs. In the
past, strikes have occurred only on rare occasions, and the
public's perception has been that strikes, like antigovernment
meetings, would not be tolerated. In 1991, however, a nearly
nationwide teachers' strike lasted for a number of weeks and
resulted in negotiations between the Government and teachers'
representatives. Also, capital city taxi drivers organized
several short-term work stoppages to protest poor road
maintenance and high fuel prices. In neither of these two
cases did the Government take any repressive actions against
the strikers.
The UNTG is affiliated with the Communist-dominated World
Federation of Trade Unions. The new labor law provides that
unions will have the right to freely affiliate with
international labor organizations of their choice, but until
independent unions are formed the practical effect of this
provision is unknown.
b. The Right to Organize and Bargain Collectively
Guinea-Bissau's small manufacturing sector employs fewer than
5,000 persons, and almost half of the estimated 28,000 salaried
workers are government employees. The scarcity of salaried
jobs has forced employees to focus on obtaining and keeping
employment rather than on organizing and bargaining. Public
employees are permitted to join the UNTG, but its activities
have not emphasized organizing employees (whether private or
public) for the purpose of collective bargaining, and the
Government dominates the bargaining process. The Constitution,
even as revised in 1991, does not provide for or protect the
right to bargain collectively. There are no export processing
zones in Guinea-Bissau.
The International Labor Organization's Committee of Experts has
noted for several years that the Government's provision for the
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GUINEA-BISSAU
protection of workers against antiunion discrimination does not
appear to be accompanied by penal sanctions against employers
and that the General Labor Act of 1986 is not applicable
toworkers in the public service.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is not permitted by law and is not
known to exist.
d. Minimum Age for Employment of Children
The General Labor Act of 1986 established a minimum age of 14
for general factory labor and of 18 for heavy or dangerous
labor, including all labor in mines. These minimum age
requirements are generally followed in the small wage sector,
but there is minimal enforcement by the Ministry of
Administrative Reform, Civil Service, and Labor. Children in
rural communities do domestic and field work for no pay. The
Government does not attempt to discourage this practice and, in
fact, delays the opening of schools until the rice harvesting
season has ended.
e. Acceptable Conditions of Work
Even in the small wage sector, labor laws are unevenly enforced
due primarily to the extreme economic underdevelopment of the
country. However, there are governinent regulations governing
such matters as job-related disabilities and vacation rights.
The maximum number of hours permitted in a normal workweek is
45 hours. Although not consistently enforced, a minimum wage
is mandated by the Ministry of Civil Service for government
employees. The wage is inadequate to maintain even a minimum
standard of living, and workers must supplement their income
through reliance on the extended family and subsistence
agriculture. Existing legal, health, and safety standards for
workers are not enforced by the Ministry of Administrative
Reform, Civil Service, and Labor in a uniform or comprehensive
manner .
174
KENYA
After strenuously rejecting calls for political reform
throughout 1991 and harassing and intimidating groups and
individuals advocating multiparty democracy, Kenyan President
Daniel T. Arap Moi, in a surprise move in December, recommended
that Kenya again adopt a multiparty system. Although Kenya has
had an elected civilian government since independence in 1963,
the Kenya African National Union (KANU) has been de facto the
sole political party almost since independence; since 1982 it
has held that status de jure. Passage of the enabling
legislation on December 10 opened the way for multiparty
elections, which must be held by mid-1993 at the latest, for
the elected National Assembly (unicameral Parliament) of 188
members, plus 12 members appointed by the President and 2 ex
officio members. Parties were expected to begin registration
immediately in anticipation of the possibility of early
elections. As of mid-December, legislation was also under
consideration that would increase the number of possible
elected seats in the National Assembly from its present limit
of 188 to a maximum of 210. In its one-party configuration,
the National Assembly has virtually no independent power in
national political affairs, but its sessions provide a forum
for members to raise local or regional issues.
Kenya has a large and growing internal security apparatus that
includes the police Criminal Investigation Department (CID),
the paramilitary General Service Unit (GSU), and the
Directorate of Security and Intelligence (DSI or Special
Branch) . The CID and Special Branch investigate criminal
activity and also monitor persons the State considers
subversive. The internal security apparatus has been used to
intimidate and harass politicians, opponents of the Government,
and dissidents, sometimes resorting to torture and other
mistreatment (see Section I.e.).
Kenya's economy, despite the dominance of public and
state-owned enterprises, includes a we 11 -developed private
sector for trade and light manufacturing as well as an
agricultural sector that provides food for local consumption
and substantial exports of coffee, tea, and other commodities.
Tourism is the top foreign exchange earner but grew at a slower
pace in 1991 due to the Gulf War. Although economic growth
continued in 1991, a persistently high population growth rate
contributed to serious and growing unemployment.
While there were signs of improvement in human rights in late
1991, human rights were circumscribed for most of the year, and
significant restrictions remained at year's end. For the first
10 months of 1991 KANU resisted reform. President Moi
repeatedly asserted that Kenya was not ready for multiparty
democracy, and movement towards political change was blocked in
various ways. The Government refused applications for licenses
to hold opposition political meetings, and church groups and
the Law Society canceled prayer meetings on political topics
following government intimidation. The Government denied
registration to a newly formed political party, and KANU
expelled, under the guise of "deregistration" from the party,
several members who joined an informal group advocating change
(the Forum for the Restoration of Democracy — FORD). In 1991
the Attorney General lifted restrictions on the Nairobi Law
Monthly, originally banned for its coverage of the multiparty
debate, and the Government released from custody the three
prominent detainees held under the controversial Preservation
of Public Security Act (PPSA), Kenneth Matiba, Charles Rubia,
and Raila Odinga. A number of sedition trials were also
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KENYA
concluded in 1991; many questions were raised about the
fairness of these trials, and there were credible charges of
police brutality and torture.
Former Member of Parliament (M.P.) George Anyona and three
codefendants were convicted on circumstantial evidence which
depended heavily on inferences from ambiguous documents found
in the possession of the accused. Former M.P. Koigi Wa
Wamwere, arrested in October 1990 on charges of treason,
continued to be held in prison at year's end, awaiting trial.
In what appeared to be a politically motivated decision,
officers of the Kenyan Law Society were convicted of contempt
of court resulting from an order forbidding them from making
statements critical of the Government.
At year's end, the Government had failed to investigate several
cases of physical attacks on well-known government opponents
and their families. Serious questions remained about the
Government's handling of the investigation into the 1990 murder
of Foreign Minister Robert Ouko. The fall of the Somali and
Ethiopian Governments in the first 6 months of 1991 triggered
an influx of refugees. The Government was reluctant to grant
full refugee status to asylum seekers. Many refugees suffered
police harassment and sporadic refoulements, culminating in a
refoulement by the Kenyan Navy which resulted in the loss of 37
Somali lives.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killings
Following the murder of Foreign Minister Robert Ouko in 1990,
which many believe was politically motivated, the Government
called in a team from Britain's New Scotland Yard to assist in
the investigation. A judicial inquiry began in October 1990
and heard testimony for over a year. President Moi, however,
abruptly terminated the inc[uiry on November 26 and asked the
police to resume investigating the case. On December 9, a
former district commissioner was charged with murder in the
case. Two other suspects, former Energy and Industry Minister
Nicholas Biwott and former Permanent Secretary for Internal
Security and Provincial Administration Hezekiah Oyugi, were
arrested November 26 but released without charge 2 weeks later
due to lack of evidence. The judicial inquiry had heard
substantial testimony regarding corruption on the part of
Biwott and Oyugi, with the implication that corruption had
played a part in motivating Dr. Ouko ' s murder. On the last day
of the inquiry, its commissioners published a statement saying
that their telephones had been bugged by the police and that
they had heard rumors of a plot to assassinate one of their
number to end the inquiry. There has been no investigation of
these charges .
On June 30, during a riot over student allowances, one Moi
University student, Shadrack Opiyo, was shot dead by the
police. No investigation followed the incident.
Reports by survivors indicate that on May 25 the Kenyan Navy
towed two boats of Somali asylum seekers out to sea in order to
repatriate them against their will. Cut adrift in rough water,
the unseaworthy boats capsized, and 37 refugees drowned. The •
Navy showed extreme negligence over the possible loss of life.
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KENYA
The Ministry of Home Affairs, responsible for refugee matters,
issued a statement exonerating the Navy, saying that naval
vessels had not towed the refugees to sea but had come to
assist an overloaded refugee boat. While towing the refugees
to safety, the line broke, and the boat capsized. Although the
United States Government and the United Nations High
Commissioner for Refugees (UNHCR) requested an official
investigation, at year's end no such inquiry had begun.
b. Disappearance
There were no reports of disappearance.
c. Torture and other Cruel, Inhximan, and Degrading
Treatment or Punishment
Torture is proscribed under the Constitution, but there
continued to be persistent credible reports of severe police
brutality and abuse of prisoners in 1991. For example, when
Reverend Lawford Ndege Imunde was released in March and his
sentence commuted to time served, he alleged that during his
imprisonment he had been beaten, denied appropriate medical
treatment, and held in a prison for the criminally insane.
In the sedition trial of George Anyona and his associates,
defendant Edward Akong'o Oyugi claimed that for 10 days during
his interrogation, he was beaten, kept naked in a flooded cell,
and not given enough food. There has been no investigation of
these allegations, which are the subject of pending litigation.
During the same trial, George Anyona described his
interrogation at Nyayo House in Nairobi, claiming that several
floors of the building contained torture chambers and asking
the magistrate to investigate the charge. The state prosecutor
said that those areas of Nyayo House came under the Restricted
Areas Act, and no further investigation occurred. E. Barrack
Mbajah, brother of murdered Foreign Minister, Robert Ouko,
claimed in an affidavit prepared in the United States that: "I
was arrested, confined for 5 days and nights, and severely
beaten by Kenya (sic) security after I refused to cooperate
with them in covering up the assassination." A defendant in
the Koigi Wa Wamwere treason trial. Rumba Kinuthia, says he was
tortured and kept chained in a water-logged cell. Detailed
accounts of beatings and painful, extended torture reported in
past years have never been investigated. The Government seems
to make no attempt to identify or prosecute those responsible.
Prison conditions in Kenya are harsh due to overcrowding and
insufficient funding for prison operations. Corruption and
sexual abuse occur. Food and medical facilities are in short
supply. Malnutrition particularly affects nursing and pregnant
mothers, whose small children stay in prison with them. In
March the Government made available information about the
conditions under which the three Preservation of Public Safety
Act detainees were held (see Section l.d.), specifically the
frequency of family visits and access to legal and medical
advice. It showed that medical and family access to these
detainees was very limited. In the case of Raila Odinga, all
requests for visits by legal counsel had been refused.
d. Arbitrary Arrest, Detention, or Exile
The Constitution provides that most persons arrested or
detained (other than those detained under the PPSA) shall be
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brought before a court "as soon as is reasonably practicable."
If such person is not brought within 24 hours after his arrest
or from the commencement of his detention, the burden of
explanation is on the authorities.
The Constitution was amended in 1988 to allow the police to
hold people suspected of capital offenses for 14 days before
being brought before a court. Capital offenses include such
crimes as murder and treason. In practice, suspects of all
types are often held incommunicado for 2 to 3 weeks before
being brought to court. Family members often bring law suits
to compel authorities to produce "missing" prisoners.
Bail is frec[uently granted in nonpolitical cases. In late
1991, the courts more frequently granted bail in "political"
cases than had been the case earlier in the year. When Gitobu
Imanyara was arrested on sedition charges, which were
subsequently dropped by the Attorney General, he was denied
bail, even though he suffered from severe health problems.
When he was hospitalized in recognition of the threat to his
health, he was chained to his hospital bed. Luke Obok, an
associate of Luo politician Oginga Odinga, was charged with
possessing seditious documents and was repeatedly denied bail.
Kenya's PPSA allows the State to detain a person indefinitely
without charges or trial upon a determination "that it is
necessary for the preservation of public security."
"Preservation of public security" includes "prevention and
suppression of rebellion, mutiny, violence, intimidation, .
disorder and crime, unlawful attempts and conspiracies to
overthrow the government or the constitution," and several
other grounds. A formal detention order must be signed and
published in the Kenya Gazette. There is no judicial review of
the legality of detention. A board appointed by the President,
meeting in camera, reviews detention cases every 6 months, but
its recommendations are not binding.
The Government has used the PPSA repeatedly in recent years to
silence opposition. The issue of the three detainees held
under the Act was a major human rights issue of the first half
of 1991. Charles Rubia was released on April 12, Kenneth
Matiba on June 8, and Raila Odinga on June 21, all on health
grounds. As PPSA detainees, they were never formally charged.
Rubia and Matiba subsecjuently sought medical treatment abroad;
Raila Odinga was denied a passport to travel for treatment.
Lawyers, churchmen, and politicians have called for the
abolition of the PPSA, but the law remains in force.
Former MP Koigi Wa Wamwere, arrested in 1990 on charges of
treason, remained in prison throughout 1991 awaiting trial.
According to Kenyan authorities, Wamwere was arrested in
possession of a secret cache of arms, which he intended to use
to overthrow the Kenyan Government. He claims to have been
kidnaped from Uganda and brought by the Kenyans to Nairobi,
where he says the arms were planted on him. On December 16,
Koigi 's lawyers protested to the High Court that all 7
defendants in the case suffered from harsh prison conditions,
including solitary confinement 23 hours a day, a substandard
diet, lack of family visits, and cells without blankets or
mattresses .
On September 24, the police arrested Ahmed Salim Bamahriz, a
founding member of the Forum for the Restoration of Democracy,
in Nairobi after President Moi publicly called for harsh
measures against troublemakers. The police said his arrest was
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unrelated to his political views and pertained instead to an
unspecified criminal matter related to his business dealings.
Bamahriz was taken to Mombasa, questioned, and released.
In many other cases, Kenyans were visited and questioned by the
police or held in police custody for periods ranging from a few
hours to several days without being charged or officially
detained under any specific authority. The purpose seemed to
be the intimidation of critics of the Government. Several
priests and ministers, such as the head of the Kenya National
Evangelism Fellowship Church, have been questioned in this
fashion.
From May 8 to 10, the police interrogated the 82-year-old
father of the Reverend Timothy Njoya. Njoya, a minister of the
Presbyterian Church of East Africa and well known government
critic, later issued a statement saying the interrogation was
meant to pressure his father to disown him.
On August 7, the police picked up three farmers from Nakuru
district, holding and questioning them for a week for allegedly
belonging to an antigovernment political party and recruiting
other members. They denied all these charges, and one claimed
that he was tortured by the police.
Traditionally, the Government has used neither exile nor the
threat of exile as a means of intimidation or punishment. At
the end of October, Raila Odinga fled Kenya after government
harassment for his political beliefs and received asylum in
Norway. In 1991 the Government appealed to politically
motivated emigres abroad to return to join in Kenyan nation
building. Early in 1991, some of the exiles asked for
government guarantees that they would not be rearrested on
arrival. Later that year, some of them indicated they wished
to return as a result of the restoration of multiparty
democracy to Kenya. According to press accounts, in a December
18 speech President Moi said that exiles who left Kenya without
passports should not expect to receive them now.
e. Denial of Fair Public Trial
Kenya's legal system, as defined in the Judicature Act of 1967,
is based on the Constitution, laws passed by Parliament, and
common law or court precedent. Customary law is used as a
guide in civil matters affecting people of the same ethnic
group so long as it does not conflict with statutory law.
Kenya does not have the jury system. The court system consists
of the Court of Appeals, the High Court, and two levels of
magistrates' courts where most criminal and civil cases
originate. In 1989 Justice Dugdale decided the courts have no
power to enforce the Kenyan Bill of Rights. Applications for
habeas corpus have never been successful in the High Court.
Civilians are tried in civilian courts, and verdicts may be
appealed to the Kenyan High Court and ultimately to the Court
of Appeals. Kenyans do not have a right to legal counsel at
state expense except in certain capital cases. Most persons
tried for capital offenses are provided counsel free of charge
if they cannot afford it. Military personnel are tried by
military courts, and verdicts may be appealed. Attorneys for
military personnel are appointed on a case by case basis by the
Chief Justice.
The President has extensive powers over the judiciary. He
appoints the Chief Justice and the Attorney General and
appoints High Court judges with the advice of the Judicial
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Service Commission. His power was significantly increased
through constitutional amendments adopted in 1986 and 1988,
which gave him discretionary authority to dismiss judges, the
Attorney General, and certain other officials. In late 1990,
this power of dismissal was restricted when Parliament adopted
a constitutional amendment specifying that the President may
only dismiss those officials upon the recommendation of a
special, presidentially appointed tribunal. Some hailed this
as a restoration of the security of judicial tenure, but many
lawyers criticized it as inadequate to restore judicial
independence. The amendments have not yet been tested because
there has been no government effort to date to remove from
office an officer affected.
A number of trials stemming from Kenya's sedition laws were
concluded in 1991. The Reverend Lawford Ndege Imunde,
convicted of seditious publication on the strength of a private
diary entry, had his sentence commuted to time served, although
the conviction was not overturned.
Press reporting of the sedition trial of George Anyona and his
three codefendants underlined the problematic character of the
verdict, which was based on circumstantial evidence. Anyona
and his three codefendants met in a bar on July 11, 1990, just
after Nairobi was shaken by rioting on July 7. The men were
arrested, charged with plotting the overthrow of the
Government, and held without bail for a year.
When the trial was concluded in July 1991, all four men were
convicted and given 7-year sentences. The prosecution
maintained that the defendants met in a private room to discuss
the overthrow of the Government, but no witnesses came forward
to substantiate this claim. The Government's case depended on
documents, found in the possession of the accused, which were
held to be seditious. One was a piece of paper with the words
"Charles" and "Ken;" the prosecution said the words referred to
Charles Matiba and Kenneth Rubia, two of the detainees released
in 1991. The other most incriminating piece of evidence was
the so-called shadow cabinet list, a list of government
positions paired with the names of government critics. The
prosecution held that the list demonstrated plans to overthrow
the Government and replace ministerial positions from the ranks
of the ant i government activists; the defense said the document
was a crude forgery planted on Anyona by the police. Under
Kenyan law, any publication calculated to excite "hatred or
disaffection" toward the Government is deemed seditious. Some
of the publications found in the possession of the accused and
alleged to be seditious have never been banned in Kenya.
Anyona and his codefendants appealed their convictions. The
case is to be heard in February 1992.
Defendants have occasionally been denied the right to employ
legal counsel of their choice. Kenya theoretically permits all
commonwealth lawyers to practice and also employs British
judges, including the Chief Justice. Yet in 1991 two
defendants, Mirugi Kariuki and Paul Muite, were denied the
right to employ British barristers in their defense.
In some cases, legislation precludes a fair trial. A relic of
the colonial period, the Chief's Authority Act gives low-level
administration officials, called chiefs, wide-ranging powers,
including the power to arrest and hold persons and to restrict
a person's movement without trial. The Kenya Law Reform
Commission has recommended that the law be abolished.
50-726 - 92
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f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Generally, judicially issued search warrants are required and
obtained, but searches without warrants are allowed under the
Constitution in certain instances "to promote the public
benefit," including in security cases. Security officials also
conduct searches without warrants to apprehend suspected
criminals or to seize property suspected to be stolen. Homes
of suspected dissidents have been searched without warrants,
and evidence so obtained has been admissible to support
convictions.
Security forces reportedly employ a variety of surveillance
techniques, including electronic surveillance and a network of
informers. Political activists have been subject to police
surveillance as have some of their visitors. Paul Muite,
Gitobu Imanyara, and ex-detainee Raila Odinga all experienced
physical attacks which appear to have had a political
motivation. In the most serious of these incidents, Raila
Odinga, while driving family members in his car, was hit by a
stone and subsequently required hospitalization. Former Vice
President Oginga Odinga alleges that an unsuccessful break-in
of his house in May was an attempt to plant arms in his house
prior to his arrest. At the time of Gitobu Imanyara 's arrest
in March, on the grounds of seditious publication (Section
2.a.), both his home and the offices of the Nairobi Law Monthly
were searched without a warrant.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and press and
outlaws discrimination against any Kenyan on grounds of
political opinion. However, there are numerous restrictions
and inhibitions on the exercise of free speech, although they
are not consistently effective. The legality of the Nairobi
Law Monthly has been upheld; and some public figures,
churchmen, and former Members of Parliament, have spoken
vigorously against the Government. A number of prosecutions
for sedition were withdrawn in 1991, but enough were carried
through to create a climate in which free debate is discouraged
and sometimes penalized. Kenyans have been charged with such
offenses as wearing a badge with a V symbol, which was
interpreted as "creating a disturbance" by seeming to advocate
multiparty politics. In another case, a woman was charged with
creating a disturbance for saying that there is "no justice"
under the present Government. Some small businesses in Kenya
have been fined by the police for the offense of operating
without displaying a picture of the President, even though no
law requires such display.
Free speech and association in Kenya is also inhibited by an
atmosphere of repression created when KANU and government
officials make public statements threatening violence or
repression against dissidents. At a public rally. Minister of
Energy Biwott threatened that if Paul Muite were jailed he
"might not come out alive." President Moi himself publicly
called on KANU members to "act as agitators," and on another
occasion to deal firmly with troublemakers. In September, as
tensions role in anticipation of the planned October 5
demonstration. Energy Minister Biwott and 19 Rift Valley M.P.s
threatened in a rally to "crush" the Forum for the Restoration
of Democracy (FORD) and told the populace to "arm themselves"
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against FORD. At a similar rally. Minister of State Barudi
Nabwera urged KANU youthwingers to "do the needful," a clear
threat, if they encountered FORD organizers.
One television station and all radio stations are owned and
controlled by the Government. A second television station is
owned by KANU and adheres to self-imposed guidelines. The
KANU-owned outlet carries Cable News Network programs,
generally without restriction, although at times stories about
Kenya have been deleted. Privately owned newspapers and
journals are published in Kenya, and there is no systematic
censorship of the press. However, in early 1991 some
publications were seized, and until late 1991 the press
practiced self-censorship and confined its commentary within
usually understood but legally undefined limits. Further,
press members were subject to intimidation by persons
associated with the Government. Despite these limitations,
Kenyan press reporting on local issues remains spirited, and,
after the constitutional changes in late 1991, there was a
significant increase in press commentary critical of the
Government and, most notably, the President.
Newspapers, magazines, and books from abroad are readily
available. In late 1991, Kenya ceased to exclude individual
editions of foreign papers which contained articles critical of
Kenya. More than 100 foreign journalists representing Western
news organizations operate from Nairobi.
Free speech won a notable victory in Kenya when the Attorney
General dropped all sedition charges against Gitobu Imanyara
and subsequently lifted the ban on the Nairobi Law Monthly.
Imanyara was first charged with sedition in 1990 because of the
Nairobi Law Monthly's coverage of the multiparty debate.
Imanyara was taken into custody for the second time on sedition
charges in March, when the Nairobi Law Monthly published an
editorial claiming that the Government distributed jobs in
state-owned companies on the basis of ethnicity. Imanyara 's
printer was heavily fined for pviblishing the magazine without
posting a legally required bond. On May 28, following strong
domestic and international criticism, the Government released
Imanyara and dropped all sedition charges against him. On July
4, the ban on the Nairobi Law Monthly was officially lifted,
thus upholding an October 1990 judgment suspending the ban.
Several other magazines, however, are still proscribed.
Several plays, including a Kiswahili translation of "Animal
Farm" and a Dario Fo play about a rent strike, have been
censored.
Possession, distribution, or publication of banned writing is
subject to a punishment of up to 7 years' imprisonment.
Several persons were charged and convicted of this offense in
1991. In December, after the announcement of the change to
multipartyism, the press continued to report cases of citizens
charged with the possession of seditious literature. None of
these cases has yet come to court since the constitutional
change was recommended.
Another case dramatizing the limits of free speech in Kenya was
the injunction issued by the High Court against Paul Muite,
chairman of the Law Society of Kenya (LSK) and other members of
the Law Society council. Muite, in his acceptance speech as
chairman, had urged the registration of the National Democratic
Party (see Section 2.b.).
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Progovernment members of the LSK sought the injunction against
Muite to prevent him from speaking on political topics in his
capacity as LSK chairman. In May Muite, along with other LSK
council members, published a statement criticizing the record
of legal judgments by British expatriate judges, including
Justice Dugdale. Alleging that Muite had violated the
injunction forbidding him to pronounce on political topics,
four lawyers brought an action for contempt of court against
Muite. To do so, they were required to ask the duty judge for
leave for the action to go forward; the judge who granted leave
was Dugdale. The Attorney General has stated that the
Government has no involvement in this case and that it is
private suit brought by one group of lawyers against another.
On October 23, the Court of Appeal found Muite and his
colleagues guilty of contempt of court for disobeying an
injunction prohibiting them from making political statements.
They were ordered to pay a fine of approximately $350.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly, while provided for in the Constitution, is
seriously limited by the Public Order and Police Act, which
gives authorities power to control public gatherings, defined
as meetings of three or more persons. It is illegal to convene
an unlicensed meeting. The ban does not extend to persons
meeting on church property for religious purposes. On April
28, the Reverend Timothy Njoya of the Presbyterian Church of
East Africa, known for his advocacy of multiparty politics,
held an open air prayer meeting without a license. Before the
meeting began, police in riot gear confronted the gathering of
300 people. Security personnel beat up several journalists and
took their cameras, and government figures criticized Njoya for
leading his parishioners to confrontation. On July 28, the
Church of the Province of Kenya (CPK) and the Law Society of
Kenya proposed to call believers to a session of prayers for
peace and justice. According to a schedule published
beforehand, the prayers were to cover many of the issues on the
dissident agenda. The Government refused a request for a
license to hold a procession before the prayers, and the
meeting was called off after the authorities exerted
considerable pressure on the churchmen.
The FORD attempted to hold an unlicensed political meeting on
November 16. A number of FORD members and presumed
sympathizers were picked up before the day of the meeting;
others were arrested on their way to the meeting. In spite of
some stone throwing clashes with the police, the crowd was
essentially peaceful. At least 87 people were arrested for
participating in the banned gathering or urging others to do
so. Charges against most of the FORD members and prominent
sympathizers were swiftly dropped, but the outcome of the
charges against many ordinary citizens arrested in connection
with the rally is still unclear. After the announcement of the
change to multiparty democracy, Nairobi saw a number of
spontaneous small street demonstrations which dispersed on
their own accord without police intervention, but on December 9
the police broke up a peaceful pro-FORD demonstration and
arrested 17 people. However, on January 18, 1992, the
Government authorized a FORD rally in downtown Nairobi. Over
100,000 persons attended the event, which unfolded peacefully.
Freedom of association is governed by the Societies Act, which
states that every association must be registered or exempted
from registration by the Registrar of Societies. In February
Jaramogi Oginga Odinga, Kenya's first Vice President, attempted
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to register a new political party, the National Democratic
Party (NDP) . The request was refused under section 2(A) of the
Constitution, which makes Kenya a one-party state. The NDP
argued without success that it was not a political party in the
proscribed sense, since it did not plan to field electoral
candidates, but- would confine itself to propagating its views
on political topics, especially regarding the elimination of
section 2(A) of the Constitution. Later in the year, Oginga
Odinga joined with others to propose a new grouping, the Forum
for the Restoration of Democracy. FORD members urged Kenyans
to form themselves into 9-member groups, since only
associations of 10 or more members legally require registration.
President Moi denounced the FORD as "the NDP in disguise" and
termed it "illegal" and nonexistent. One FORD organizer, Ahmed
Salim Bamahriz, is an elected member of the Mombasa municipal
council. When Bahmariz announced his association with the
FORD, attempts were made to suspend him from KANU and to strip
him of his councillorship. In September Bamahriz and other
FORD members were "deregistered" from KANU by the KANU special
delegates' conference. There is, however, no provision at all
for deregistration in the KANU constitution. KANU, having
agreed under pressure in 1990 to stop expelling members as a
disciplinary measure, seems to be looking for other names under
which to achieve the same effect: suppressing dissent in its
ranks. It is not yet clear whether expulsions will become more
or less common now that Kenyans are legally free to form and
join parties other than KANU.
c. Freedom of Religion
Kenya has no state religion. Freedom of worship is
acknowledged in the Constitution and generally allowed, but
churches new to Kenya must obtain government approval to be
registered. Some church figures have voiced concern about a
new bill to regulate nongovernmental organizations (NGO's) in
Kenya, which might impose some government controls over church
projects. NGO's will henceforth have to reregister every 5
years, and those deemed not to act in the public interest may
suffer deregistration
Throughout 1991 activist churchmen were denounced by Parliament
and the press, and the organizers of the abortive July 28
prayer meeting, sponsored jointly by the Law Society of Kenya,
the Church of the Province of Kenya, and the National Council
of Christian Churches, were subjected to government pressure
(see Section 2 .b. ) .
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Kenyans may travel freely within the country. In September
several Rift Valley politicians attending a political rally
purported to "ban" members of the FORD from entering the
Valley. They threatened reprisals against members of the
Kikuyu ethnic group and multiparty supporters settled in the
region. Implementation of these proposals is unlikely. Kenyan
law gives all Kenyans the right to settle and conduct business,
which includes obtaining land titles, in any area of the
country.
Kenya does not generally prohibit emigration of its citizens
but on occasion does prevent travel abroad by critics of the
Government. The Government does not regard issuance of
passports to citizens as a right and reserves the authority to
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issue or deny passports at its discretion. In 1991 the
Government seized or declined to issue passports to over 20
Kenyans. In two cases, the Government seized the passports of
persons returning from abroad who had made political speeches
during their trips.
In July labor leader Dennis Akumu and former parliamentarian
Martin Shikuku were removed from an aircraft they had boarded
to travel to London. Their passports were not taken, but their
right to travel was denied without any administrative or
judicial proceeding.
In 1991 large numbers of Somali and Ethiopian refugees fled to
Kenya after their governments collapsed. Kenya has accepted
most asylum seekers, though sometimes entry is delayed,
resulting in hardship and denial of assistance, and many
suffered police harassment. Thirty-seven Somali asylxim seekers
drowned when the Kenya Navy towed their boats to the open sea.
(see Section l.a.).
None of these refugees has been granted legal status other than
that of asylum seeker. About 50,000 refugees reside in camps,
and at least double that number live outside the camps, in
cities as well as rural areas. Refugees outside of the camps
are extremely vulnerable to arrest. Refugees who purchase fake
identity papers and visas put themselves even further at risk.
Conditions in the camps have caused several riots, one of which
led to a number of hospitalizations. The Government promised
to investigate the incident but has yet to do so.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens in 1991 had neither the right nor the ability to
change the one party system of government through the electoral
process. However, the year-end recommendations for
constitutional change would permit multiparty elections by
mid-1993 at the latest, which, if conducted freely and fairly,
would give Kenyans this right. At year's end, it was not clear
whether independent, as well as party-based candidates, would
be permitted to contest the elections. Although the President
said that each electoral district will be contested by a single
KANU candidate, since the KANU nomination process was abolished
in June, the selection mechanism within KANU remained unclear.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are no local organizations solely devoted to
investigating human rights abuses, but the Law Society of
Kenya, some church groups, some periodicals, a few
organizations, and individual attorneys function as de facto
human rights monitors. However, through most of 1991 they
faced serious obstacles, including harsh government criticism,
restrictions on free speech and assembly, and, in some cases,
torture and harassment by the police (see Section l.a.). The
Government reacts negatively to criticism of its human rights
record, at home and abroad, and through its accusations of
association with "foreign masters" discourages Kenyans from
providing outside human rights groups with information.
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Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Kenya's Constitution and laws prohibit discrimination on the
basis of race, sex, religion, language, or social status.
However, the situation of Kenyans of Somali ethnic origin is a
major concern. Ethnic Somalis are the only ethnic group in
Kenya for which the Government requires an additional form of
identification, stating that they are Kenyan citizens.
In 1990 the Government reqiiired that ethnic Somalis have their
claim to Kenyan citizenship verified through a "screening"
process involving verification by a panel of Somali elders.
This screening effort continued through the first 3 months of
1990 and then was phased out, although its practical effects
remained. The screening has been widely criticized as
discriminatory, unconstitutional, and without basis in law.
Ethnic Somalis must still produce upon demand their Kenyan
identification card and a second identification verifying
"screening." Both cards are also required to apply for a
passport, and airlines have been required to submit passports
held by Kenyan Somalis for verification before issuing tickets
to such persons.
Members of all ethnic groups may run for office, and ethnic
representation at the minister and assistant minister level is
broad. The Asian community, numbering about 65,000, accounts
for a disproportionate share of the nation's economic wealth
and output, but very few Asians participate in electoral
politics. The Kikuyu remain the largest and richest ethnic
group in Kenya. But anti-Kikuyu language from ministers and
other officials entered the public domain in 1991 without
official rebuke, particularly in connection with Kikuyu land
purchases in areas traditionally inhabited by other tribes.
While there is no legal discrimination against women,
traditional culture and attitudes have long prescribed limited
roles for women. Women's roles are particularly restricted in
rural areas where they account for 75 percent of the total
agricultural work force. Rural families are more reluctant to
invest in educating girls than in educating boys, especially at
the higher levels. The number of girls and boys in school are
roughly equal at the primary and secondary levels, but men
outnumber women by almost two to one in higher education.
Though women are increasingly active in the modern economy, the
number of women in professional roles is still limited. The
number of female unemployed is double that of men. Women
sometimes receive lower rates of pay than men performing the
same job, and disparities in fringe benefits occur, e.g., some
businesses give housing allowances to men but not to married
women. Women are legally able to own property and businesses.
Polygamy is not legal for people married under the Christian
Marriage Act, but it is permitted for those who marry under
African customary law. Kenya's law of succession, which
governs inheritance rights, provides for equal treatment of
male and female children.
The Government strongly condemns extreme violence towards
women, specifically murder, female circumcision, rape, and
incest. In many cases, rapists, particularly of minors, are
given sentences of up to 14 years in prison. However, the
ambivalence of Kenyans to the abuse of women was graphically
demonstrated by the public response to a case of multiple rape
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and manslaughter at St. Kizito boarding school. In July, on a
Saturday night when few teachers or staff were at the school, a
group of 50 adolescent boys attending St. Kizito broke into the
crowded dormitory housing their female contemporaries. In the
panic that ensued, 19 girls suffocated, and 71 were raped.
Despite public expressions of horror at the event, many Kenyans
acknowledge that rapes are frequent in Kenyan schools. This
seems borne out by a published comment by the principal of the
school, who said: "The boys meant no harm, they just wanted to
rape. "
Domestic violence occurs in Kenya, but little information is
available on the extent of the problem. In practice, most
cases of domestic violence are settled outside of the courts.
The maximum legal penalty for wife beating is 5 years in
prison. Women may also sue for civil damages. Female
circumcision is illegal but still practiced by some Kenyan
ethnic groups on girls under the age of 16. The Government
officially discourages the practice but leaves it to women's
groups to actively oppose female circumcision through health
education programs. Murder or manslaughter charges are brought
when circumcisions result in death. There are press reports of
both male and female community-forced circumcisions, but
charges are never brought in such cases.
Section 6 Worker Rights
a. The Right of Association
Save for the central Government's civil servants, all workers
are free to join unions of their own choosing. The law
provides that as few as seven workers may establish a union,
provided the objectives of the union do not contravene Kenyan
law and another union is not already representative of the
employees in question. The Government may deregister a union,
but the Registrar of Trade Unions must give the union 60 days
to challenge the deregistration notice; an appeal of the
Registrar's final decision may be brought before the High
Court. The Kenya Civil Servants Union was deregistered more
than 10 years ago by President Moi.
There are at least 33 unions in Kenya representing
approximately 350,0000 to 385,000 workers, or 3 percent of the
country's work force. Except for the 150,000-165,000 teachers
believed to be members of the Kenya National Union of Teachers
and four other smaller unions, which have been registered by
the Government, all other unions are affiliated with one
central body, the Central Organization of Trade Unions (COTU) .
The Government created COTU in 1965 as the successor to both
the Kenya Federation of Labor and the Kenya African Workers
Congress. This amalgamation was effected allegedly to
eliminate instability and rivalries within the nation's trade
union movement .
COTU is independent of the Government and KANU in name only.
The 1965 decree establishing COTU gives the President the power
to remove from office the central body's senior leaders. Rule
5 of the COTU constitution accords nonvoting membership on the
executive board (COTU' j managing body) to a representative of
the Labor Ministry as well as of KANU. Moreover, COTU and its
Secretary General Joseph Mugalla are firmly allied with the
President and KANU against those who advocate greater
democratization. In June, seeking to keep pliant unionists in
office, the President offered to underwrite the costs of union
elections which he had announced some 5 months earlier. At
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KENYA
year's end, Mugalla was reelected Secrete «:y General, but his
opponents declared their intention to form a rival
Confederation. The Court of Appeals enjoined the Registrar
from certifying the election pending a hearing on a suit
brought by the opponents .
The Trade Disputes Act permits workers to strike provided that
21 days have elapsed following the submission to the Minister
of Labor of a written report detailing the nature of the
dispute. During this 21-day period, the Minister may either
mediate the dispute himself, nominate a person to investigate
and propose a solution, or refer the matter to the Industrial
Court, a body of five judges appointed by the President, for
binding arbitration. Once a dispute is referred to either
meditation, fact finding, or arbitration, any subsequent strike
is illegal.
The military, police, prison guards, and members of the
National Youth Service are precluded by law from striking.
Under the Trade Disputes Act, other civil servants, like their
private sector counterparts, may strike following the 21-day
notice period (28 days if it is an essential service, e.g. ,
water, health, education, air traffic control). However, the
Labor Minister may at any time preempt a strike involving civil
servants by referring the dispute to the Industrial Court for
resolution. Save for the wildcat strikes involving the bank
employees in November and Mombasa's dockworkers in December,
there were no significant strikes in 1991.
Internationally, COTU is now affiliated to both the
continentwide Organization of African Trade Union Unity and the
International Confederation of Free Trade Unions. Its
affiliates are free to establish links to international trade
secretariats of their choosing. A veteran trade union leader,
associated with the political opposition, however, was
prevented from leaving the country in June (see Section 2.d.).
b. The Right to Organize and Bargain Collectively
While not having the force of law, the 1962 Industrial
Relations Charter, executed by the Government, COTU, and the
Federation of Kenya Employers, gives workers the right to
engage in legitimate trade union organizational activities.
Both the Trade Disputes Act and the Charter authorize
collective bargaining between unions and employers. Wages and
conditions of employment are established in the context of
negotiations between unions and management. The Government has
promulgated wage policy guidelines limiting wage increases to
75 percent of the annual rate of inflation. Collective
bargaining agreements must be registered with the Industrial
Court for the purpose of guaranteeing adherence to these
guidelines. In 1990 there were 1,875 agreements registered
with the court. Some 1 million workers (union and nonunion)
were covered by these accords.
The Trade Disputes Act makes it illegal for employers to
intimidate workers. Employees wrongfully dismissed for union
activities are generally awarded damages in the form of lost
wages by the Industrial Court; reinstatement is not a common
remedy. This is due in large measure to the fact that most
aggrieved workers have found alternative employment in the
lengthy period prior to the hearing of their cases.
While legislation authorizing the creation of export processii^
zones was passed in November 1990, such entities have been slow
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KENYA
to get off the ground. The first such zone, developed by a
subsidiary of Firestone East Africa, has only succeeded in
attracting a few investors. The Government has yet to decide
definitively whether the provisions of the Trade Disputes Act,
the Trade Unions Act, or the Regulation of Wages and Conditions
of Employment Act will be extended to the zone (see also
Section 6.e. ) .
c. Prohibition of Forced or Compulsory Labor
The Constitution proscribes slavery, servitude, and forced
labor. Under the Chiefs' Authority Act, a local authority can
require people to perform community services in an emergency,
but there were no known instances of this practice in 1991.
People so employed must be paid the prevailing wage for such
employment. The International Labor Organization (ILO)
Committee of Experts (COE) has found these and other provisions
of Kenyan law to contravene ILO Conventions 29 and 105
concerning forced labor. The COE's 1991 report noted the
Government's intention to repeal or amend the offending
provisions of the law in order to bring them into compliance
with the Conventions. The Government, however, has not given a
definite timetable for the introduction of remedial legislation.
d. Minimum Age for Employment of Children
The Employment Act of 1976 proscribes the employment in any
industrial undertaking of children under the age of 16. This
enactment applies neither to the agricultural sector, where the
overwhelming majority of the labor force is employed, nor to
children serving as apprentices under the terms of the
Industrial Training Act. Ministry of Labor officers are
authorized to enforce the minimum age statute. Given the high
levels of adult unemployment and underemployment, the
employment of children in the formal wage sector in violation
of the Employment Act is not a significant problem.
e. Acceptable Conditions of Work
The legal minimum wage for workers in the wage sector varies by
location, age, and skills. On May 10, the minimum wage was
raised an average of 16 percent. At the bottom rung of the
adult minimum wage scale is the rural general laborer; the
highest minimum was paid in Nairobi and Mombasa to drivers of
heavy commercial vehicles. Violations of the minimum wage
guidelines are not a recurring problem in the modern wage
sector. Despite nominal wage increases, inflation over 20
percent and the precipitous decline in the shilling's value
substantially eroded workers' living standards during 1991.
Most workers continued to lead the most marginal of existences.
The Regulation of Wages and Conditions of Employment Act limits
the normal workweek to 52 hours. Nighttime employees, however,
may be employed for 60 hours a week. As is the case with
respect to minimum age limitations, the Act specifically
excludes agricultural workers from its purview. An employee in
the nonagricultural sector is entitled to 1 rest day in a
week. There are also provisions for annual leave and sick
leave. Concerning limits on overtime, Kenyan law provides that
the total hours worked (i.e., regular time plus overtime) in
any 2-week period by night workers may not exceed 144 hours;
the limit is 120 hours for other workers. The Ministry of
Labor is tasked with enforcing these regulations, but reported
violations are few.
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K ENYA
The Factories Act of 1951 sets forth detailed health and safety
standards; the Act was amended in 1990 to encompass the
agriculture, service, and government sectors. The 65 health
and safety inspec.tors attached to the Ministry of Labor's
Directorate of Occupational Health and Safety Services have the
authority to inspect factories and work sites if they have
reason to believe that a violation of the Act has occurred, or
upon receipt of a complaint from a worker . As a result of the
1990 amendments, the Directorate's inspectors may now issue
notices enjoining employers from practices or activities which
involve a risk of serious personal injuries. Previously, only
magistrates were vested with this authority.
Such notices may be appealed to the Factories Appeals Court, a
body of four members, one of whom must be a High Court judge.
In practice, inspectors, who conduct 2,000 to 3,000 inspections
annually, generally respond only to worker complaints.
"Whistle blowers" are not protected by the Factories Act. On
May 31, the Government exempted enterprises in the export
processing zones from the occupational health and safety
requirements of the Factories Act.
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LESOTHO
Lesotho has been ruled by a six-member Military Council since a
coup d'etat in 1986 which overthrew the single-party rule of
Prime Minister Leabua Jonathan. The Council Chairman, Major
General J. M. Lekhanya, was ousted on April 30, 1991, in an
internal struggle which caused the dismissal of another Council
member and the firing of two civilian members of the Cabinet.
Colonel (now Major General) Elias Phisoana Ramaema was chosen
by fellow officers in the armed forces to become the new
Military Council Chairman. Sworn in on May 3, the new Council
of Ministers is comprised of seven military officers and seven
civilians; there are two civilian assistant ministers.
The Military Council rules by decree, while the Council of
Ministers administers the day-to-day operations of government.
Shortly after assiiming office. Council Chairman Ramaema lifted
the 1986 ban on partisan political activity and reaffirmed
plans to restore constitutional rule — abolished in 1970 by
former Prime Minister Jonathan — by 1992. The National
Constituent Assembly, first convened in mid-1990, completed its
revisions to the 1966 independence Constitution in early July
and met again in late September to establish a constitutional
commission to solicit public comments on the revised text,
prior to final ratification of the document.
The Royal Lesotho Defense Force (RLDF) of about 2,000 troops is
responsible for internal and border security. The RLDF is
assisted by a police force of about 1,600 men and women.
Members of both forces occasionally beat or otherwise mistreat
detainees .
A landlocked country completely surrounded by South Africa,
Lesotho is almost entirely dependent on its sole neighbor for
trade, finance, employment, and access to the outside world.
Approximately 55 percent of the adult male labor force is
employed in South Africa's mines, and remittances from workers
(more than $230 million in 1988) are a critical factor in
financing imports. Economic recession in South Africa has led
to retrenchments in the mines and a sharp rise in unemployment
in Lesotho.
Human rights in Lesotho in 1991 remained circumscribed under
the military government, but certain aspects of the situation
improved over previous years. There was some progress toward
political and constitutional reform and in increased freedom of
speech, assembly, and association. However, police brutality
continued, and the security forces used excessive force in
quelling anti-Asian riots in May, in which many persons were
killed. No charges were brought against those responsible.
Other major problems included provisions for lengthy detention
and severe restrictions on women's rights. At year's end, it
was still too early to tell how the Government's reform program
would be implemented, whether it would, in fact, result in
citizens' ability to change their government, and what effect
it would have on the observance of other human rights.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
Some extrajudicial killings continued to occur. Excesses by
law enforcement agencies continued, including fatal shootings
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LESOTHO
in May by police and army personnel attempting to quell violent
anti-Asian riots which broke out in Maseru and spread to other
towns in the western lowlands. Official figures put the death
toll at 35; other reports indicated as many as 80 or more may
have lost their lives. No charges are known to have been
brought in those instances .
In mid-March judgment was handed down by the Chief Justice of
the High Court in the trial of two military men accused of the
1986 murders of two former cabinet ministers and their wives.
Sergeant Ngoana-ngoana Lerotholi was found guilty of murder,
and Colonel Sekhobe Letsie (a former member of the ruling
Military Council) was found guilty as an accessory after the
fact. Both received several concurrent sentences, with Sgt.
Lerotholi given the death sentence (see Section I.e.).
b. Disappearance
There were no reports of politically related disappearances in
1991, nor were there any further instances of reported
abductions by South African authorities in Lesotho, as occurred
in previous years .
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Reports of police brutality, including beatings of detainees,
continued during 1991. There were a disturbing number of
reports of random beatings of civilians by police or military
personnel, especially in the immediate aftermath of the
violence in late May. No known investigations or other
official measures were launched as a result of these
practices. Prison facilities in Lesotho are overcrowded and in
need of repair. One report indicated a prisoner was held in a
bathroom ankle-deep in water because all available cells were
occupied.
d. Arbitrary Arrest, Detention, or Exile
In civil and criminal cases, persons arrested or detained have,
and avail themselves of, the right to immediate consideration
of habeas corpus appeals as well as the right to legal and
medical counsel. The 1981 Criminal Procedures and Evidence
Act, as amended in 1984, makes provision for the granting of
bail. Under the Act, the High Court is the only judicial body
empowered to grant bail in cases of armed robbery or suspected
homicide.
The Internal Security (General) Act (ISA) of 1984 provides for
so-called investigative detention without charge or trial in
political cases for up to 42 days (the first 14 days on order
of the police; the second 14 days on order of the police
commissioner; and the final 14 days on order of the Minister of
Defense and Internal Security) . During the second stage of the
detention, ministerially appointed "advisers" (all of whom have
been government employees to date) are available to report on
the health of the detainee, investigate whether the detainee
has been involved in subversive activities, and advise the
Minister of Defense and Internal Security whether there is a
need for continued detention. Detainees under the Act may make
representation about their own treatment only through the
adviser. The Act also allows for detention of witnesses in
security cases.
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LESOTHO
In addition, a 1986 amendment to the ISA allows the Minister of
Defense and Internal Security (currently the Chairman of the
Military Council) to "restrict" a person who, in the opinion of
the police commissioner, is conducting himself in a manner
prejudicial to public order, security, administration of
justice, or obedience to the law or lawful authority. In
mid-1991 former Military Council Chairman Lekhanya was first
limited to an 8-kilometer radius from his home near Maseru and
then restricted to the bounds of the property itself. No
reasons were made public for imposition of the latter
restriction in August, nor for its removal in September.
An independent journalist, Johnny wa ka Maseko, who was
expelled from Lesotho in 1988 for printing reports alleging
high-level corruption, was allowed to return to the country in
July following the change of government in early May. A South
African lawyer, who was expelled in 1986, has also been
permitted to return to Lesotho and has resumed his law practice
in Maseru.
Following his dispute with the Military Council in February
1990 and his subsecjuent exile in London, ex-King Moshoeshoe II
remained outside the country throughout 1991. The relaxation
of restrictions on political activity in mid-May opened the way
for a proroyalist party to advocate publicly for the former
King's return, and an active debate on the issue took place in
the opposition press. The Government has repeatedly said the
former monarch may return, as a private citizen, without other
conditions .
e. Denial of Fair Piiblic Trial
The judiciary consists of the Court of Appeal (which meets
semiannually), the High Court, magistrate's courts, and
customary or traditional courts, which exist largely in rural
areas to administer customary law. Judges on the High Court
are relatively independent; however, the Chief Justice, an
expatriate who serves a 2-year appointment, may be under some
pressure to act in ways that will ensure reappointment.
Magistrates appear more susceptible to governmental influence.
Court decisions and rulings are respected by the authorities
and are generally free of interference by the executive.
Accused persons have and use the right to counsel and public
trials. The courts have acted to limit infringements of law on
numerous occasions in past years, e.g., the April 1988
annulment on procedural grounds of the State of Emergency,
which, however, the Government quickly reinstituted.
Under the system of Roman-Dutch law applied in Lesotho, there
is no trial by jury. Criminal trials are normally adjudicated
by a single High Court judge who presides with two assessors,
who serve in an advisory capacity. In civil cases, judges
normally hear cases alone. The High Court also provides
procedural and substantive advice and guidance on matters of
legal procedure to military tribunals; however, it does not
participate in arriving at judgments. Military tribunals have
jurisdiction only over military cases.
A judicial inquest may be initiated by the Attorney General on
the authority of the Judicial Inquest Proclamation Number 32 of
1954. In November 1989, he initiated such an inquiry into the
1986 slayings of two former cabinet ministers and their wives.
In March 1991, the High Court ruled on murder charges against
two senior soldiers accused of these killings, finding one
guilty of murder and the other guilty as an accessory after the
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LESOTHO
fact. The case was heard in open court by the Chief Justice
(who ruled on matters of law), accompanied by two civilian
assessors (who ruled with him on matters of fact). Public
attendance was high throughout the trial, which was conducted
fairly and in accordance with Roman-Dutch judicial procedures.
Appeal is automatic in the event of a death sentence, and
Colonel Letsie also gave notice of appeal. In light of the
sheer volume of testimony resulting from this 6-month case, it
was anticipated that the appeal would not be heard before the
middle of 1992 at the earliest.
There were no known political prisoners in Lesotho at the end
of 1991.
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
In 1991 there were fewer reports of violations of individual
privacy by state authorities. Although search warrants are
usually required under normal circiomstances, the ISA provides
police with wide powers to stop and search persons and vehicles
and to enter homes and other places for similar purposes
without a warrant. Police conducted extensive searches of
private homes in residential areas, especially around Maseru,
in the wake of the riots in late May, looking for stolen
property. Several hundred persons were arrested and charged
with possession of stolen goods. Correspondence appears to be
monitored occasionally by government officials.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Human Rights Act of 1983 provides for freedom of expression
but subordinates this freedom to the needs of national
security. The proposed revised constitution includes a lengthy
section on protection of fundamental hioman rights and freedoms,
based primarily on the 1966 Constitution; all parties agree
with the Government on the need for some such bill of rights.
Following the 1986 coup, a formal ban on politics was announced
with stringent restrictions on freedom of speech and political
assembly. In particular. Government Order No. 4 of 1986
prohibited persons and groups from making political speeches
and from publishing or distributing political party materials.
This order was lifted on May 13, 1991, and political parties
became active in the weeks thereafter. Even before the ban on
organized political party activity was lifted, members of seven
of Lesotho's registered political parties participated actively
in debates on a wide range of political issues in the
Constituent Assembly. Debate in the Constituent Assembly was
frequently lively and was often critical of the Government;
daily reports were broadcast on the radio, and most weekly
papers carried some report of the discussions.
The Government controls the official media (one radio station,
a half-hour daily newscast on a local television channel, and
two weekly newspapers) and ensures that they faithfully reflect
official views. The Government rarely uses them to attack its
partisan critics. Opposition viewpoints were routinely
expressed in 1991 in two Sesotho-language weekly newspapers
published by the Roman Catholic Church and the Lesotho
Evangelical Church and in one independent English-language
weekly. (Another independent weekly and a bimonthly magazine
ceased publication in 1991 for financial reasons.) •
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LESOTHO
Academic freedom is generally respected, although some
professors and students complain about restrictions on their
ability to discuss academic and political issues. Beginning in
July, the National University banned partisan political
activity on campus — in part because several faculty members had
joined a new party, and there were fears the university would
suffer reprisals from other party followers. Student
representatives openly criticized the Government and called for
greater academic and political freedoms during public
ceremonies; no reprisals were known to have taken place.
b. Freedom of Peaceful Assembly and Association
The military Government's ban on "politics" was not interpreted
to require the dissolution of existing political parties, but
the ban did preclude political gatherings and rallies until it
was lifted in May. Following its lifting, party meetings and
rallies took place throughout the country, limited only by the
requirement for prior police notification. All meetings of the
appointed Constituent Assembly in 1991 were open to the
public. Nonpolitical organizations and professional groups are
freely formed, even encouraged, and are allowed to hold public
and regular meetings.
c. Freedom of Religion
There is no state religion in Lesotho. Free and open religious
practice is permitted and encouraged. Christianity is the
dominant faith of the majority of Basotho, and Roman
Catholicism has the most adherents, although less than half of
the population. There is a significant Protestant minority
composed of the Lesotho Evangelical Church, the T^glican
Church, and a number of other smaller denominations.
Conversion is permitted, and there is no apparent social or
political benefit or stigma attached to belonging to any
particular church. There are no barriers to missionary
activity or work by foreign clergy.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Citizens generally are allowed to move freely within the
country and across national boundaries. In July, however, the
Minister of Interior ordered a prominent attorney to surrender
his international passport just before he was due to emplane
for London to attend a human rights conference sponsored by the
former King. Asserting that passports remain government
property, officials claimed there had been complaints from
other African governments over the subversive nature of the
conference and that travel for such purposes was in violation
of the laws governing passport eligibility. By late September,
the passport had been returned to the attorney. The Government
places no obstacles in the way of its own citizens who wish to
emigrate.
There are currently about 220 refugees registered with the
United Nations High Commissioner for Refugees (UNHCR) who have
been granted asylum in Lesotho, the majority unaffiliated South
Africans. The local office of the UNHCR also reports over
4,000 South Africans in "refugee-like status," most of whom
have lived in Lesotho for many years. There is no forced
resettlement of refugees.
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LESOTHO
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens of Lesotho currently do not have the freedom to change
their government. However, in 1990 the military Government
announced its intention to hand over power to a democratically
elected government by the middle of 1992. In June 1990, it
convened a National Constituent Assembly which in July 1991
completed revisions to the independence Constitution of 1966.
A constitutional commission, drawn primarily from members of
the Assembly, held a series of 47 public meetings in late 1991
to discern public opinion before the final text is approved.
Voter registration for the 1992 elections began December 18.
At the end of the year, plans call for Lesotho to remain a
kingdom, under a constitutional monarch, with multiple parties
vying for leadership of a democratically elected Parliament,
and an independent judiciary. All Basotho citizens over the
age of 21 will have the right to vote. There are 15 registered
political parties, including one formed by, but not limited to,
women .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government in general has not been responsive on human
rights issues, particularly when the call for outside
investigation emanated from the domestic political opposition.
There are no internal organizations which concentrate on human
rights, either official or nongovernmental, although church and
other groups occasionally address human rights issues. There
are no overt restrictions on the establishment of such
organizations. Reports of alleged human rights abuses are
sometimes carried in the local press, particularly the church
newspapers and Lesotho's major independent weekly. There have
been no reports of reprisals against human rights activists
(primarily lawyers and clergy).
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Most citizens of Lesotho speak a common language and share
common historical and cultural traditions. Asians (primarily
ethnic Chinese and Indians) and South African whites are active
in the country's commercial life. In 1987 the Government
formulated a policy aimed at "localization" of Lesotho's
commercial retail trade and, under the Trading Enterprise
Order, called on foreign owners to enter into joint ventures
with Basotho nationals. Equity transfers would entail
compensation. To date, the localization order has not been
strictly enforced because of difficulties in identifying local
entrepreneurs to take over foreign-owned businesses, problems
in financing such takeovers, and concern over foreign reaction.
In late May, violence based on economic frustrations broke out
against small-scale merchants of Asian origin. Numerous
Chinese and Indian stores were burned or looted, police and
army troops were called in to quell the rioting, and over 35
people were killed (see Sections I.e. and l.f.). Government
officials were quick to reassure foreign investors that the
anti-Asian violence did not reflect government policy, and the
incidents were not repeated.
Although the question was briefly debated in the Constituent
Assembly in 1990, the Government has still not seriously
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LESOTHO
addressed the issue of women's rights. In Lesotho these rights
are severely limited by both law and custom, including in the
area of property, inheritance, and contracts, but women do have
the legal and customary right to make a will and sue for
divorce. Under Lesotho's customary law, a married woman is
considered a minor during the lifetime of her husband, with all
of the legal limitations that this status implies. She cannot
enter into any legally binding contract, whether for
employment, commerce, or education, without her husband's
consent. A woman married under customary law has no standing
in court and may not sue or be sued without her husband's
permission. Despite their second-class status, women in
Lesotho traditionally have been the stabilizing force in the
home and in the agricultural sector, given the absence of over
100,000 Basotho men who work in South Africa. More female than
male children complete primary and secondary schools.
Domestic violence, including wife beating, occurs, but, as
statistics are not available, the extent of the problem is not
known. In Basotho tradition a wife may return to her "maiden
home" if physically abused by her husband; in the common law,
wife beating is a criminal offense and defined as assault. A
1976 High Court case successfully reversed a Roman-Dutch legal
tradition which recognized a husband's right to chastise his
wife at will. While the Government has made some attempts in
the past to improve the economic prospects of women, no direct
action was taken in 1991 to improve their subordinate status in
society. Women's rights organizations are forming, including a
partnership of women lawyers which has expressed interest in
handling such cases. The local chapter of the International
Federation of Woman Lawyers has taken a lead role in educating
Basotho women as to their rights under customary and common law.
Section 6 Worker Rights
a. The Right of Association
Workers have the legal right to join or form unions without
prior government authorization. Roughly 60 percent of
Lesotho's active male labor force between the ages of 20 and 44
seeks work in the Republic of South Africa, mainly in gold and
coal mines. At least 70 percent of the remainder is engaged in
traditional agriculture. The rest are employed mainly by the
Government and in small industries and enterprises in Lesotho.
A majority of Basotho mineworkers are members of the South
African National Union of Mineworkers (MUM) . Because the NUM
is a foreign organization, it is not permitted to engage in
union activities in Lesotho.
Like its predecessor, which since 1988 had been trying to
arrange a merger between Lesotho's two competing federations,
the current Government supported the formation of a single,
umbrella trade union center. Deep philosophical, political,
and ideological differences between the two federations impeded
efforts to consolidate. In 1991, however, the Lesotho Congress
of Free Trade Unions, which encompassed 24 affiliated
independent trade unions, and the Lesotho Federation of Trade
Unions which had 4, merged into one federation, the Lesotho
Labor Congress (LLC), representing the majority of unionized
workers. It remained to be seen at year's end to what extent
the new federation will be free of governmental or partisan
control .
Unionized workers represent only 10 percent of the total work
force, and the LLC accounts for three-guarters of those union
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LESOTHO
members. Four of the newer, more politicized unions did not
join the LLC but have instead formed the Congress of Democratic
Unions. Because the Government wants only one labor central,
it has not granted recognition to this umbrella organization,
even though all four of its member unions are legally
registered.
While a legal right to strike exists for workers in
nonessential services, in practice the procedure for calling a
strike is so lengthy and cumbersome that it discourages legal
strike actions and accounts for the prevalence of wildcat
strikes. The 1964 Trade Union and Trade Disputes Act
enumerates lengthy procedures which must be followed before a
strike is called. There were several, usually short, wildcat
strikes in 1991 against both foreign and domestic companies,
mostly over wages and conditions of work. Most were resolved
through compulsory government arbitration. A particularly
bitter strike broke out in July, with members of the Lesotho
Union of Bank Employees walking out when the management of two
foreign-owned international banks refused their demand for a
40-percent wage increase. Noting that the banking sector had
been ruled an "essential" service, the banks fired the striking
employees and reopened using managerial staff and newly hired
trainees; later, the management offered to rehire the dismissed
employees subject to a probationary period. Efforts by church
leaders and government officials to mediate bore little fruit.
The strike was broken, and only about two-thirds of the
strikers were rehired.
The new, combined Lesotho Labor Congress has maintained the
wide'st possible spread of international trade union links. The
Government imposes no obstacles to international affiliations
or foreign travel for labor union-related purposes.
b. The Right to Organize and Bargain Collectively
All trade unions in Lesotho enjoy the right in law to organize
and bargain collectively, but this right is only recently
coming into practice. Two sectoral agreements exist, and four
others are under active negotiation. An Unfair Labor Practices
Tribunal investigates unfair labor practices and charges of
antiunion discrimination and generally attempts to safeguard
worker rights. A government-appointed Labor Commission is
charged with, inter alia, monitoring wage and working
conditions and accepting, reviewing, and investigating worker
complaints .
Lesotho has several industrial estates grouping together
companies, mostly textile and apparel firms, engaged in
manufacturing for export. There are no prohibitions against
organized labor in these industrial zones, and in fact the
Government helped resolve some worker complaints in 1991
concerning unfair treatment. On the other hand, the new union,
formed by the merger of two rival organizations representing
clothing and garment workers, has met with apparent harassment
and intimidation. Several of its officers were arrested or
detained by the police in July, in apparent retribution for
holding meetings with union members to the displeasure of
expatriate factory management. The officers were quickly
released without being charged.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by the 1987 Employment
Act and not practiced.
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LESOTHO
d. Minimum Age for Employment of Children
The legal minimum age for employment in commercial or
industrial enterprises is 14. In practice, however, children
under 14 are employed in family-owned businesses. There are
prohibitions against the employment of minors in commercial,
industrial, or nonfamily enterprises involving hazardous or
dangerous working conditions. Basotho minors under 18 years
may not be recruited for employment outside of Lesotho.
Enforcement of these laws by inspectors of the Ministry of
Employment, Social Welfare and Pensions is lax. In Lesotho's
traditional society, life and working conditions for the
country's young "herdboys" tend to be much more rigorous and
demanding than conditions in the modern sector. Their
quasi-pastoral life, however, is considered a prerequisite to
manhood and is a fundamental feature of Basotho life,
tradition, and culture, beyond the reach of labor laws.
e. Acceptable Conditions of Work
Wages in Lesotho are extremely low. The Government, upon the
recommendation of a tripartite wages advisory board, again
raised the statutory minimum wage rates in 1990 for various
types of work. These amounts are barely sufficient for a
minimum decent standard of living. Most wage earners
supplement their monthly income through subsistence agriculture
or remittances from relatives employed in South Africa. Many
employers in Lesotho now pay more than minimum wages in an
effort to attract and retain motivated employees.
Lesotho's 1967 Employment Act spells out basic worker rights,
including a 45-hour workweek, a weekly rest period of at least
24 hours, 11 to 12 days' paid leave per year, and pay for
public holidays. Employers are required to provide adequate
light, ventilation, and sanitary facilities for employees, and
to install and maintain machinery to minimize the risk of
injury. In practice, these regulations are generally followed
only within the wage economy and are enforced by inspectors
from the Department of Labor of the Ministry of Employment,
Social Welfare and Pensions. Staff shortages in the Ministry
of Employment limit effective enforcement to the major urban
areas.
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LIBERIA
Throughout 1991 Liberia remained a nation divided into two
parts and three armed camps as a result of the war . The
Interim Government of National Unity (IGNU), headed by
President Amos Sawyer, represented a broad range of political
views, but it exercised administration over only Monrovia and
its immediate environs. About 50 percent of the total
population in Liberia resided in this area which is totally
within the defensive perimeter of the Economic Community of
West African States' (ECOWAS) Cease-fire Monitoring Group
(ECOMOG) . The National Patriotic Reconstruction Assembly
Government (NPRAG) , based on and supported by the National
Patriotic Forces of Liberia (NPFL), led by Charles Taylor,
exercised political sway throughout the remaining 90 percent of
the country. The two other former warring parties, the
Independent National Patriotic Front of Liberia (INPFL), led by
Prince Johnson, and the Armed Forces of Liberia (AFL) were
encamped in Monrovia. Both INPFL and AFL factions, while
monitored by ECOMOG, retained arms within their respective
camps, and the INPFL sometimes acted independently. Johnson on
several occasions killed a number of people, most of them
members of his force.
The economy, based primarily on iron ore, rubber, and timber,
was ravaged by the civil war. Gross domestic product for 1991
was no more than 25 percent of prewar levels. U.S. and other
Western relief agencies and nongovernmental organizations
initiated massive emergency operations in late 1990 to prevent
widespread starvation in both parts of the country. Those
operations continued through 1991.
When compared to the appalling civil war conditions of 1990,
there was some improvement in the human rights situation in
1991, especially in the Monrovia area controlled by ECOMOG
forces. However, the Interim Government's authority was
limited, and all Liberian military forces committed serious
human rights violations in 1991, including summary executions.
The NPFL in particular detained several thousand West Africans
throughout much of 1991, and NPFL soldiers reportedly killed
many Krahn residents of Grand Gedeh in midyear.
As a police force had only begun to be reconstituted in 1991,
and only in Monrovia, and most of them remained unarmed, ECOMOG
assumed this function to a large extent in Monrovia. The NPFL
policed the territory vinder its control, and, to a large
extent, both the INPFL and AFL carried out this function within
their camps. Soldiers from the warring factions regularly
abused their position by m.istreating civilians, usually in
attempts to extort money and goods. Despite the continuing
unstable security situation, there was some hope at year's end
for a political solution following peace initiatives conducted
by West African nations which led to general agreement on the
need for free, internationally supervised elections in 1992.
Implementation of the agreements is not assured. At the end of
1991, it was estimated that as many as 20,000 to 30,000
Liberians may have died in the conflict and approximately
600,000 more were refugees in neighboring countries.
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LIBERIA
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
Indiscriminate killings declined sharply from the previous
year, although many incidents continued to be reported (see
Section l.g.). Prince Johnson, the leader of the INPFL, was
believed responsible for the killing in July of several
soldiers of his own movement, including senior Commando Moses
Varney. The INPFL Leader maintained that the soldiers had been
tried under internal procedures and executed when found
guilty. No details of the trials were made public. The IGNU
condemned the killings. Johnson was also reportedly
responsible for killing some civilians in September, but no
action was taken against him as a consequence.
According to two Liber ian religious leaders, NPFL soldiers
killed 20 Ghanaians in Since county in mid-February, and in
July several Ghanaian women from Fanti fishing communities
informed an international organization's representative in Cote
d'lvoire that the NPFL had killed their husbands. These
reported killings continued a pattern from the previous year
when NPFL followers allegedly killed Ghanaians and other West
Africans in retribution for their respective nations' role in
the conflict (see Section l.b. and l.d.).
NPFL Leader Charles Taylor reportedly ordered several NPFL
members executed following an aborted coup attempt in late
August. While Taylor publicly denied there had been a coup
attempt, he acknowledged that an NPFL officer had been
executed, ostensibly for killing five NPFL soldiers. According
to Monrovia's media, which claimed to have interviewed ex-NPFL
soldiers following the failed coup, up to 75 NPFL members were
executed (see also Section l.g.).
b. Disappearance
Disappearances were much less common in 1991 than in 1990, but
little new information surfaced about persons missing as a
result of the war. Many families remained divided among those
living in Monrovia, those in NPFL areas, and those who fled
Liberia and have not returned. Although there were many
returnees during the year, movement between Monrovia and the
NPFL areas was very difficult for most people. The
International Committee of the Red Cross (ICRC) began a family
tracer program but located only about 30 percent of the missing
persons brought to its attention.
According to a Liberian religious leader, several Ghanaian
children disappeared in March in Buchanan following a visit by
ECOMOG intended to build confidence between it and the NPFL.
The Ghanaian children warmly welcomed ECOMOG vehicles, some
manned by Ghanaian soldiers. This affectionate display was
said to have enraged some NPFL soldiers who were believed
responsible for the children's disappearance shortly
thereafter .
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
During the height of the civil war, many members of the three
warring factions rampantly indulged in acts of inhumanity.
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LIBERIA
Abuses in 1991 declined sharply but cases of inhuman treatment
continued. The most widely pub cized incident occurred in
February when INPFL forces infl Jted inhuman treatment on nine
members of the IGNU, including a cabinet minister-designate and
several members of the Interim Legislative Assembly. They were
stripped and flogged, and one was forced to sit in a mound of
driver ants while einother was made to. lick feces. Under
pressure from ECOMOG, the ICRC, and the Interim Government,
INPFL Leader Johnson released the detainees, excusing his
actions as necessary to call attention to alleged ECOMOG abuse
of INPFL soldiers.
Prior to the 1989 civil war, conditions in the nation's jails
were inhuman and hazardous to life and health. Prisoners were
often denied access to family and medical care; cells were
small, crowded, and filthy. Conditions at the notorious
maximum security facility at Belle Yella had long been of
concern .
During 1991 none of Liberia's prewar prisons were believed to
be still functioning, although the IGNU was reported to be
refurbishing one in Monrovia. NPFL Leader Charles Taylor
announced in March that the Belle Yella Prison would be
closed. He directed that its remaining prisoners be
transferred to their respective counties for retrial. There
was no information about the results of the transfer order.
d. Arbitrary Arrest, Detention, or Exile
There were few juridical protections to prevent arbitrary
arrest, even in the ECOMOG-controlled areas, as the INPFL
detention and abuse of nine Interim Government members for 3
days in February demonstrated (Section I.e.). In theory the
1985 Constitution provides specific legal safeguards for the
rights of the accused, including warrants for arrests and the
right of detainees to be charged or released within 48 hours.
Even before the civil war, these rights were freqpjently
violated, particularly in cases allegedly involving national
security. The Interim President repeatedly affirmed that his
Government would respect the 1985 Constitution and its
procedural safeguards, and in practice attempted to do so. In
late 1990, the IGNU outlawed the use of military stockades for
detaining civilians, a practice common under the previous
regime.
Early in 1991, undisciplined elements of the AFL on occasion
detained and threatened civilians deemed to be "rebel
sympathizers." After AFL commanders called for greater
discipline and in July formed a Ij.oard of inquiry to investigate
citizens' complaints of abuse, tnere appeared to have been some
lessening of AFL abuses .
NPFL forces detained up to 4,000 West African nationals,
primarily Nigerians and Ghanaians, behind NPFL lines during
much of 1991. The NPFL forces viewed the West Africans as
enemies and reportedly executed many in reprisal against
ECOMOG, which fought the NPFL in October-November 1990. In
March NPFL Leader Charles Taylor "released" the West Africans
from the detention camps but prohibited them from traveling to
Monrovia or crossing into neighboring countries. Approximately
300 to 500 Nigerians as well as a number of Ghanaians
eventually managed to make their way in small groups to
Monrovia. In late August, the NPFL announced "the first phase
of the repatriation process" for West Africans and allowed over
100 Nigerians to cross safely into Cote d'lvoire. The ICRC
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LIBERIA
assisted in the repatriation, and the Nigerians were followed
by several other groups, including Ghanaians and other West
Africans .
Following the September incursion by anti-NPFL Liberians into
western Liberia from Sierra Leone after an earlier NPFL
invasion into Sierra Leone, the NPFL forcibly detained 4
Western and 35 Liberian relief personnel working in the area,
accusing them of being "spies." In response the U.N. and
nongovernmental relief agencies suspended all relief operations
in NPFL areas until the detainees were freed. While the 4
Western nationals were released 2 days later, the 35 Liberians
were held for another 8 days .
A number of other foreigners were detained by the NPFL for
varying periods; all were eventually released.
e. Denial of Fair Public Trial
The structure of Liberia's legal system is closely modeled on
that of the United States, with the Supreme Court at its apex.
In practice before the civil war, the system afforded little
protection for defendants due to corruption among court
officials, lack of training, and inordinate executive
interference. By mid-1990, the system had completely collapsed
along with the rest of civil authority, with justice in the
hands of military commanders of the warring factions. Many
public records in Monrovia, including those of the courts,
churches, and schools were looted and badly damaged during the
civil war. The registrar of public records estimated that over
80 percent of national record holdings were damaged, and 30 to
40 percent destroyed.
The IGNU began in 1991 slowly to reconstitute the court
system. Early in the year, it reestablished several
magistrate's courts in Monrovia, and in September swore new
circuit court judges into office. The IGNU, in an
unprecedented move, asked the Bar Association to recommend
candidates for judgeships. At the end of September, following
new West African peace initiatives, the IGNU and NPFL agreed
upon the composition of a five-member ad hoc Supreme Court.
The Court's stated purpose is to adjudicate electoral disputes,
but the full scope of its jurisdiction is still undecided. At
the end of the year, the Court had not yet been inaugurated.
In the areas under NPFL control, legal and judicial protections
were almost totally lacking. There were reports that the
authorities imposed capital punishment for armed thefts.
Another report said the NPFL executed suspected murderers after
"tribunal trials in life-for-life retributive justice."
Another source reported that armed robbery was discouraged in
NPFL areas because "the death penalty is automatic."
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Serious abuses of privacy by soldiers of all three forces
continued in 1991 although not on the scale of 1990. AFL
soldiers committed many armed robberies in the downtown
Monrovia area, including seizure of several vehicles assigned
to Interim Legislative Assembly members. They also illegally
occupied some private homes. The AFL brigade commander
publicly requested citizens to report abuses by AFL soldiers to
the proper authorities and ordered soldiers to respect the
rights of civilians but with only marginal effect. Only when
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LIBERIA
ECOMOG increased its patrols in downtown areas at midyear did
the situation improve somewhat, but abuses continued throughout
the year .
The situation was worse in NPFL-held areas. According to
Liberians who returned to Monrovia from Lofa County, NPFL
soldiers regularly demanded food and personal possessions from
village residents and often robbed and abused citizens. To
escape the harassment, many Liberians moved their families to
remote areas. Soldiers assigned to checkpoints demanded money
and goods for passage, from both Liberians and expatriate
relief workers.
g. Use of Excessive Force and Violations of Humanitarian
Law in Internal Conflicts
Following the November 1990 cease-fire, fighting between the
three warring factions and the use of excessive force against
civilians sharply declined but did not end.
Perhaps the largest number of deaths occurred between July and
August when the NPFL moved through Grand Gedeh County.
According to survivors interviewed by the Western media and
human rights groups in Cote d'lvoire, as many as 1,500 people,
mostly of the Krahn ethnic group of former president Samuel
Doe, may have died. Others interviewed stated that the NPFL
entered their villages shooting indiscriminately. Independent
observers who visited the area confirmed that entire villages
were destroyed and that many inhabitants had fled into the bush.
There were many other instances of the use of excessive force
and violations of humanitarian law during the year. In January
over 1,000 new refugees, mostly Krahn, fled to refugee camps in
Tai, Cote d'lvoire. They reported that the NPFL was conducting
secret killings, raping women, looting homes, and stealing
cattle. In July-August, approximately 10,000 people, mostly
Krahns, fled across the border to Cote d'lvoire reporting that
the NPFL had attacked their villages, indiscriminately killing
men, women, and children. Independent observers reported
seeing jailed Krahns in chains.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
There was increased freedom of speech and press in 1991,
especially in Monrovia. However, people still had to be
careful in criticizing the various factions. Although NPFL
leader Charles Taylor affirmed publicly on several occasions
that his government supported free speech and criticism, both
Liberians and expatriates have been detained by his supporters
for comments made about the NPFL.
There was no press censorship in Monrovia, and the number of
newspapers in Monrovia grew rapidly, with as many as 13
separate newspapers reflecting a variety of opinion being
published at different times in 1991. A shortage of newsprint,
however, reduced this number by the end of the year. Unlike
the previous Doe regime, the Interim Government did not publish
its own newspaper. The INPFL sponsored a newspaper. The
Scorpion, with articles highly favorable to Prince Johnson and
the INPFL. The NPFL printed a monthly newspaper. The Patriot,
which was also sold in Monrovia but which stopped publication
late in the year. In December two newspapers describing
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LIBERIA
themselves as independent appeared in Gbarnga, capital of
NPFL-controlled territory.
Press freedom was not complete even in Monrovia. For example,
ECOMOG reacted negatively to an article published in May by The
Inquirer which alleged complicity by the ECOMOG field commander
with a reputed arms merchant. The editor was briefly detained
and asked to reveal the source of his information, which he
refused to do. As a result of this incident, the Interim
Government publicly called upon the press to be more
responsible in its reporting. This, in turn, was publicly
criticized by the Press Union of Liberia which claimed it had
"an intimidating" effect on the press.
The Interim Government supported a shortwave radio station
(ELBC), and its broadcasts from Monrovia were heard across most
of the country. ELBC news reports were generally favorable to
the IGNU. The Catholic Church-operated FM radio station,
previously shut down by the Doe Government, resumed operations
in May. The NPFL operated three radio and two television
stations in its areas. NPFL news programs supported Charles
Taylor and the NPFL, while discussing economic and social
problems in NPFL territory. The NPFL's FM station, part of
whose appeal is the current American music it broadcasts,
acquired increased power in October and can now be heard by the
majority of Liber ians, including those in Monrovia.
When Monrovian journalists accompanied ECOMOG in May to the
opening of the MPFL's legislative assembly in Gbarnga, a senior
NPFL military leader, who later was appointed its chief of
staff, attempted to detain two reporters and confiscate their
equipment for having interviewed local residents. He also
attempted to arrest a Monrovia radio reporter for "treason" for
having broadcast news about Interim President Sawyer. ECOMOG
press officers intervened to prevent the arrest.
b. Freedom of Peaceful Assembly and Association
In 1991 political parties and other groups in Monrovia were
able to organize and to hold public meetings. New political
organizations appeared, including the True Whig Party which
Samuel Doe had outlawed shortly after seizing power in 1980.
Under IGNU sponsorship, a coalition of organizations held a
mass rally in August attended by up to 5,000 people to show
public support for the ECOMOG peacekeeping effort.
Freedom of assembly and association was generally more
restrictive in NPFL areas than in Monrovia. For instance, none
of the prewar political parties were known to have reorganized
or to have held public meetings during 1991 in NPFL areas.
According to Western and Monrovian press reporters on the
scene, some Liberians in NPFL areas who greeted ECOMOG soldiers
during the initial confidence-building visits in March with
chants of "we want Taylor," later spontaneously broke out into
chants of "we want peace" and "we want ECOMOG." Some reporters
stated that the people had been forced to assemble and chant
pro-NPFL slogans and that many were later punished for their
praise of ECOMOG. One Western news service reported five
people died from NPFL beatings following ECOMOG visits to
Kakata and Buchanan. However, NPFL justice minister Laveli
Supuwood dismissed the reports as "malicious."
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LIBERIA
c. Freedom of Religion
The 1985 Constitution states that freedom of religion is a
fxindamental right of all Liberian citizens, and in practice
there are no restrictions in Monrovia on freedom of worship.
There is no established state religion. Christianity has long
been the religion of the political and economic elite, while
the majority of the rural population continues to follow
traditional religions. Muslims account for about 20 percent of
the population. Mandingos, who are predominantly Muslim, were
targeted during the civil war by the NPFL as being pro-Doe, and
most mosques were closed in NPFL territory during the war.
However, other Liberian Muslims did not receive the same
treatment, and the action against the Mandingos was based
primarily on ethnic/political considerations rather than an
effort to repress religious freedom.
d. Freedom of Movement within the Country, Foreign
Travel, Emigration, and Repatriation
While the Constitution provides every person the right to move
freely throughout Liberia and to leave or enter the country at
will, the previous Doe regime required exit visas for those
wishing to leave the country, and it maintained a "black list"
of those who were not permitted to depart. The Interim
Government announced in March that it was abolishing this
"xinconstitutional" policy.
Throughout the year reuniting families and returning displaced
persons were hampered by NPFL checkpoints, which made travel
very difficult on roads in and out of Monrovia. The NPFL
required employees of the various international relief agencies
to have passes approved monthly. In spite of difficulties,
many Liber ians transited the lines, often by paying bribes or
using guile to reach ECOMOG- controlled areas. During the
period April-September, nearly 60,000 moved to Monrovia through
these means .
Because of civil war abuses, approximately 600,000 Liber ians,
about 20 percent of the prewar population, remained as refugees
in nearby countries, mostly in Cote D'lvoire and Guinea.
Smaller numbers are in Sierra Leone, Ghana, and Nigeria.
Following the NPFL incursion into Sierra Leone in March, the
125,000 Liberians who had originally sought refuge near the
border in Sierra Leone were forced to flee to safer areas in
that country, or to Guinea or NPFL-held territory in Liberia.
Many who reached Sierra Leone's capital subsec[uently returned
to Monrovia by ship. Some refugees have also repatriated to
Liberia from Guinea, Cote d'lvoire, Ghana, and Nigeria. The
NPFL incursion also put Sierra Leonians to flight, and a
reported 12,000 sought refuge inside Liberia near the border at
Cape Mount .
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Despite constitutional and legal guarantees of free and fair
elections, Liberians could not exercise their right to change
their government in 1991. However, there was limited progress
in the search for new political formulas to restore unity under
popularly elected leadership. In March-April, a second
All-Liberia Conference (ALC) occurred in Monrovia (the first
was held in August 1990 in The Gambia). The NPFL initially i
participated, but later withdrew. The second ALC created a new
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LIBERIA
Interim Legislative Assembly (ILA) . The six political parties
and the NPFL selected representatives according to their own
internal procedures, while the county representatives were
selected informally from among members of the respective
communities resident in Monrovia. Two seats were also allotted
to the country's 18 registered interest groups, and filled by
leaders from the Teachers' Association and the Trade Union
Federation. In August the IMPEL representatives resigned from
the ILA after their leader. Prince Johnson, withdrew his
support for the Interim Government. (The NPFL maintained its
separate legislature. The National Patriotic Reconstruction
Assembly, in Gbarnga.) The second ALC reaffirmed through a
more widely based conference the interim administration which
had resulted from the first ALC at Banjul. The IGNU is a
relatively broad-based government with representation from the
major political parties. Amos Sawyer was originally chosen
President by the participants at the first ALC, and he was
reaffirmed in that office by the participants in the second ALC.
Neither the legislature in Monrovia nor that in Gbarnga was
truly representative. However, the ILA in Monrovia purported
to function as a separate branch of government and both
confirmed and rejected IGNU appointees following public
confirmation hearings. It also subpoenaed members of the
executive to explain the actions of the Interim Government. In
contrast, the NPFL legislature was generally viewed as
subservient to NPFL leadership views.
Following a new series of peace initiatives during the second
half of 1991, conducted by the heads of numerous West African
nations in Yamoussoukro, Cote d'lvoire, the Interim Government
in Monrovia and the NPFL in Gbarnga agreed to hold free and
fair elections which, if the process continued, were expected
to take place during the first half of 1992. Under the
Yamoussoukro formula, the three warring factions would encamp
and disarm their military forces under ECOMOG supervision.
Subsequently an elections commission and an ad hoc Supreme
Court were established by IGNU and the NPFL, and the members
were appointed by mutual agreement. The electoral commission
held its first meeting on December 31 and was formally sworn in
several days later. By year's end, the ad hoc Supreme Court
had not yet met .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights .
On numerous occasions. Interim Government President Sawyer
declared the IGNU's commitment to human rights. Two fledgling
human rights groups formed in 1991 and conducted public
meetings and other activities. One issued the first of what it
hopes will become a regular publication on human rights. The
attitude of the NPFL government was not clear. Its conduct to
date has been less than exemplary. One human rights
organizations based in NPFL territory was established in 1991.
In August a representative of Africa Watch visited Monrovia and
later successfully traveled to NPFL areas. However, a
delegation of the New York-based Lawyers' Committee on Human
Rights, which also visited Monrovia in August, did not go to
NPFL areas because an NPFL escort failed to meet the delegates
as previously arranged.
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LIBERIA
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status.
The roots of the civil conflict can be found in the historical
division between the Americo-Liberians, who for over 150 years
dominated the political, economic, and cultural life of the
country, and the ethnic groups in the interior. The latter
frec[uently complained of government discrimination in many
areas, such as access to education and civil service jobs and
to infrastructure development. The coup mounted by Sergeant
Doe and other noncommissioned officers in 1980 was seen as a
revolution, with the interior groups taking power from the
Americo-Liberian elites. However, Doe's authoritarian,
military-based regime exacerbated ethnic tensions while
subverting the democratic reform process, exemplified in the
1985 Constitution, through rigged elections. During the Doe
regime, resentment grew over domination by, and government
favoritism toward, his tribe, the Krahns.
The 1985 Constitution prohibited discrimination based on ethnic
background, race, sex, creed, place of origin or political
opinion. However, it also provides that only "persons who are
Negroes or of Negro descent" may be citizens or own land,
denying full rights to many who have lived their lives in
Liberia. There was no indication that this prohibition had
been relaxed by either Monrovia's Interim Government or
Gbarnga ' s NPFL government .
The status of women in Liberian society varies by region, with
women holding some skilled jobs, including cabinet-level
positions, in both the IGNU and NPFL Governments. In urban
areas and along the coast, women can inherit land and
property. In rural areas, where traditional customs are
stronger, a woman is normally considered the property of her
husband and his clan and is not usually entitled to inherit
from her husband. Women in rural areas are responsible for
much of the farm labor and have had only limited access to
education. According to a recent U.N. study, females in
Liberia receive only about 28 percent of the schooling given to
males. In the massive violence inflicted on civilians during,
the conflict, women have suffered the gamut of abuses,
especially rape. Even prior to the war, domestic violence
against women was extensive but never seriously addressed by
the Government or women's groups as an issue. There were no
statistics on domestic violence against women, but it was
considered to be fairly common. Female circumcision was, and
almost certainly still is, widely practiced in rural areas.
During the height of the civil war, a person's language was
used to identify him or her by ethnic group. Those from groups
considered hostile frequently were summarily executed. The
cease-fire in late 1990 stopped most of these abuses. However,
NPFL reprisals against the Krahn, particularly in Grand Gedeh,
continued well into 1991 (see Section l.g.).
Section 6 Worker Rights
a. The Right of Association
The Constitution states that workers have the right to
associate in trade unions. Over 20 trade unions were
registered with the Ministry of Labor before the civil war,
representing roughly 15 percent of the work force in the wage
economy. Ten national unions were members of the Liberian
Federation of Labor Unions (LFLU) . However, the actual power
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LIBERIA
these unions exercised was limited. The previous government
did not recognize the right of civil servants or employees of
public corporations to unionize or strike. Like virtually all
other organized activity in the country, unions disappeared
during the height of the war in mid-1990, and union activity
remained limited in 1991. While some large-scale operations
involving rubber and other extractive industries partially
resumed in NPFL areas, it is not known if union activity
associated with these industries resumed.
In April 1990, the U.S. Trade Representative announced that
Liberia's status as a beneficiary of trade preferences under
the Generalized System of Preferences program had been
suspended as a result of the Doe government's failure to take
steps to provide internationally recognized worker rights. The
suspension remained in effect throughout 1991.
Labor unions have traditionally affiliated with international
labor' groups.
b. The Right to Organize and Bargain Collectively
In 1991 workers' rights to organize and bargain collectively
were moot because of the lack of economic enterprise,
especially in Monrovia where only a few businesses resumed
operations, usually with reduced staffing. With the important
exception of civil servants and employees of public
corporations, prior to the civil war workers enjoyed the right
to organize and bargain collectively. Labor laws had the same
force in Liberia's one export processing zone as in the rest of
the country.
The 1991 report of the Committee of Experts (COE) of the
International Labor Organization (ILO) reiterated that Liberian
labor legislation fails to provide workers adequate protection
against discrimination and reprisals for union activity, fails
to protect workers' organizations against outside interference,
and does not give eligible workers in the public sector the
opportunity to bargain collectively.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced labor, but even before the
civil war this prohibition was widely ignored in rural areas,
where farmers were pressured into providing free labor on
"community projects" which often benefited only local leaders.
Forced labor was used by some or all of the warring factions
during the civil war, especially for moving equipment and
supplies. Some vestiges persisted in 1991; for example, a
local newspaper reported that following the incursion into
Sierra Leone in March, the NPFL used forced labor in Lofa
County to move supplies to the border. According to the same
source, forced labor was also used to clean up several major
towns in Lofa County. There was at least one report of the
NPFL forcing local villagers to set up a communal farm to feed
its soldiers, also in Lofa County.
d. Minimum Age for Employment of Children
Under the Doe government, the law prohibited employment of
children under age 16 during school hours in the wage sector.
Enforcement by the Ministry of Labor, however, was very
limited. Even before the civil war, small children continued
to assist their parents as vendors in local markets and on
family subsistence farms. During the conflict, the NPFL and
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/
INPFL recruited young children, some less than 12 years of age,
as soldiers. Many of these children had been orphaned during
the war. While some children remained under arms, neither
group was believed to have recruited additional children as
soldiers in 1991.
e. Acceptable Conditions of Work
The labor law provides for a minimum wage, paid leave,
severance benefits, and safety standards. Before the economy
collapsed, the legal minimum wage varied according to
profession but still did not provide a decent standard of
living for a worker and his family and had to be supplemented
by other sources of income, including subsistence farming.
There had also been health and safety standards, in theory
enforced by the Ministry of Labor. In view of the low level of
economic activity in divided Liberia during 1991, these various
regulations were not adhered to by many employers, and there
was no attempt at enforcement.
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When 1991 began. President Didier Ratsiraka, who had been in
power since 1975, and his party, the Vanguard of the Malagasy
Revolution (AREMA) , dominated the Government. By midyear, the
nation's "Active Forces" (a group of opposition political
parties, church groups, workers' syndicates, and private sector
groups) were organizing almost daily demonstrations that
challenged the Ratsiraka regime to meet demands for fundamental
political change. Civil servants also began a widely observed
strike that crippled the Government's administrative
apparatus. The Government consequently agreed to negotiate,
and on October 31 a compromise convention established an
interim Government which reduced the powers of President
Ratsiraka. This Government, headed by Prime Minister
Razanamazy and including many opposition members, is tasked to
provide a new constitution and elections within 18 months. The
National Assembly suspended its activities according to the
October 31 compromise, and transitional institutions were
established, including a 31-member High Authority of State, a
transitional administration, and a 130-seat Council for
Economic and Social Recovery. After much debate, a
transitional cabinet with considerable opposition membership
was named in mid-December. Strikes and demonstrations
continued although to a far lesser extent.
The gendarmerie (rural police) and the national police (urban
police) are responsible for internal security. At the year's
end, the Directorate General of Internal and External
Investigations and Documentation (DGIDIE) remained under the
authority of President Ratsiraka, although the DGIDIE director
also reported to the Prime Minister. In the past, the DGIDIE
and the police employed physical mistreatment of detainees,
particularly during interrogation, but reports indicate the
DGIDIE stopped such practices by mid-1990. The presidential
security guard, a unit of 1,800 men, remains under the direct
command of the President. In an October 25 statement, senior
officers of the military and the gendarmerie called on all
political leaders to move urgently toward a compromise,
demonstrating a degree of neutrality on their part.
Agriculture, especially rice production, dominates the Malagasy
economy. About 85 percent of the working population (39.3
percent of the country's 12 million inhabitants) are employed
in this sector, accounting for 80 percent of Madagascar's
export earnings. Rich in minerals, Madagascar also has a small
industrial base which accounts for 15 percent of the gross
domestic product. Personal incomes remain very low, and
unemployment remains high, particularly among youth (60 percent
of the population is under 25) . The strikes in support of the
opposition have had a serious negative impact on an already
weak economy.
Serious human rights abuses occurred during 1991, despite the
Government's increased tolerance of the freedoms of speech,
press, and assembly, and popular pressures for a more rapid
pace of political reform. In particular, while attempting to
control and disperse crowds of demonstrators in Antsiranana,
Antananarivo, and Mahajanga, security forces used tear gas,
stun grenades, and other tactics which killed and injured
numerous demonstrators (see Section l.a.). An effective
government capable of performing basic functions was not in
place for much of the year.
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RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reported incidents of targeted political killing
in 1991. However, on several occasions, security personnel
used force, sometimes excessive, to disperse demonstrators who
participated in marches. In some cases, the demonstrators
engaged in looting and other vandalizing activity. On August
10, opposition leaders led a crowd estimated at over 100,000 on
a march on the presidential palace of lavoloha, located about
13 kilometers outside the capital. The demonstrators passed
two security checkpoints without being hindered by security
forces. However, when the crowd began to pass a final
barricade approximately 1 kilometer from the presidential
palace, the army and presidential guard dispersed it, first
with teargas, then by dropping stun grenades from a helicopter
that had been positioned at the presidential palace and
reportedly firing rifles into the crowd. A group of civilians,
reportedly transported to Antananarivo from the south by the
Government, were interspersed among the soldiers and threw
stones at the retreating crowd. In the ensuing confusion, some
demonstrators spilled over from the road into bordering rice
paddies, which had been mined. Retreating demonstrators were
pursued, and medical personnel confirm that at least two were
shot in the back. At least 11 demonstrators were killed in
this incident, and over 200 injured. Another 20 died later of
their wounds.
Later on August 10 in the northwest city of Mahajanga, a group
of 12,000 to 15,000 demonstrators looted and burned private
businesses and government buildings. Reportedly, five were
killed and seven injured when security forces used tear gas and
stun grenades .
Again, on October 23, a group of demonstrators in the northern
city of Antsiranana attempted, despite verbal warnings and
warning shots, to enter a security zone. Subsequently, one
member of the security forces rolled an offensive fragmentary
grenade into the street. Reportedly, 2 demonstrators were
killed, and 76 injured, many as they fled through a
construction area.
In late July and early August, four persons were killed in the
port city of Toamasina during political demonstrations. Two of
the deaths allegedly occurred at the hands of vigilantes
belonging to the Militant Movement for Malagasy Socialism
(MMSM), the then governing political coalition; the third
victim was allegedly shot in the back by security forces. The
fourth victim, an MMSM supporter, was reportedly killed by
Active Forces' supporters.
With the weakening of the police and gendarmerie's ability to
keep order, mob action against suspected criminals became more
frequent in July and August. At least five alleged thieves
were chased, caught, beaten, and killed by angry crowds in four
separate incidents. Their bodies were burned, and no official
actions were taken to apprehend or punish those responsible.
50-726 - 92 - 8
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MADAGASCAR ' ''
b. Disappearance
Following the clash on August 10, opposition leaders claimed 57
persons who had participated in the march on lavoloha were
missing and had been killed and buried. Though requested to do
so, the opposition did not provide a list of names of those
said to be missing, and no relatives came forward in response
to an appeal by a local human rights group. The presidential
palace turned over two bodies to families of the deceased.
Prime Minister Guy Razanamasy set up a commission of inquiry to
formally investigate the events of August 10. Also, the
opposition-dominated High Authority of State announced an
investigation. By year's end, the Prime Minister's report had
been turned over to the Ministry of Justice, though its content
was not publicized.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
In the past, the DGIDIE (the intelligence unit) has beaten
prisoners in its custody, although there were no reports of
such abuses in 1991. The director of the DGIDIE, a judge
appointed in mid-1990, has attempted to reform the
organization, stating publicly in 1991 that the role of the
DGIDIE was to protect the rights of the individual.
Conditions in Malagasy prisons are harsh and life threatening.
The diet provided is inadequate, and family members must
augment inmates' daily food rations. Those prisoners without
relatives in the vicinity sometimes go for days without food
and some have starved in the past. Prison cells built for one
inmate are now housing up to eight. Each prisoner has on
average less than one square meter of space. Prisoners suffer
a wide range of medical problems that are not routinely
treated, including mainour ishment, infections, malaria, and
tuberculosis. The prison death toll rises significantly during
the winter months. A number of children live in the prisons
with their mothers, and there is prostitution by female inmates
in collusion with guards.
d. Arbitrary Arrest, Detention, or Exile
Legal safeguards against arbitrary arrest and detention are not
always followed. According to the law, in a normal criminal
case, the detainee must be charged or released within 3 days
after arrest. An arrest warrant may be obtained but is not
always required. Generally, defendants in ordinary criminal
cases are charged formally within the specified time frame,
and, upon being charged, are allowed to obtain an attorney.
Counsel is readily available, and court-appointed counsel is
provided for indigents. Bail may be requested by the accused
or his attorney immediately after arrest, after being formally
charged, or during the appeal process. Denial of bail may be
appealed. The Malagasy penal code provides for a determination
of habeas corpus .
Despite these legal provisions, average pretrial detention time
exceeds 1 year, and 3 or 4 years of detention is common, even
for crimes for which the maximum penalty may be 2 years or
less. Prisoners may wait years in prison only to be found not
guilty, with no recourse. The judicial process, always slow,
was mired down even further in 1991 by a magistrates' strike in
support of the political opposition. During July and August,
several hundred prisoners walked away from their places of
incarceration when prison guards joined the strike.
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Under Malagasy law, persons suspected of activity against the
State may be detained incommunicado for 15 days, subject to
indefinite extension if deemed necessary by the Government.
Over the summer the opposition named a shadow government as
part of its strategy to contest power and instructed its shadow
ministers to ocfcupy government ministries. In July four of the
shadow ministers were detained by government security forces.
Two were detained while trying to enter ministry buildings; the
other two were taken into custody on the street . They were
held incommunicado and released several days later. While two
of the detentions were witnessed and one actually photographed,
the other two were not verified and were treated with some
skepticism in the press. The abductions were believed to have
been carried out by the Government's antiterrorist squad. None
of the incidents were ever investigated, and the guilty parties
remain unpunished. At the end of 1991, there were no persons
held under this provision.
In late July and early August, 57 arrests were made in the port
city of Toamasina during the demonstrations. The arrests were
authorized by the mayor and carried out by gendarmerie
"antigang" units who concealed their identities and security
affiliation. A Malagasy lawyer questioned whether these units
were legally empowered to make the arrests, stating that only
military police or gendarmes using proper arrest procedures
have that authority. It was reported that the detainees had
been denied access to counsel and to family members. All
detainees were confirmed released by late September.
e. Denial of Fair Public Trial
Malagasy trials are public, and defendants have the right to be
present, to confront witnesses, and to present evidence.
Defendants enjoy a presumption of innocence under the Malagasy
penal code.
The 1975 Constitution provides for an independent judiciary,
and, in practice, the judiciary seems to function largely
without influence from the executive. However, the judiciary,
unlike the executive and legislative branches, is not a
separate branch of government. One aim of the 1991
magistrates' strike was constitutional reform to raise the
judiciary to the level of a separate government branch.
The judiciary has three levels of courts: lower courts for
civil and criminal cases carrying limited fines and sentences;
a Court of Appeals which includes a criminal court for cases
carrying sentences of 5 years or more; and a Supreme Court.
The judiciary also has a number of special courts designed to
handle specific kinds of cases under the jurisdiction of the
higher courts.
The Constitutional High Court, with a separate and autonomous
status, is a body for review of laws, decrees, and ordinances,
and for oversight of elections and certification of their
results. It is clearly separated from the judicial hierarchy.
Extralegal institutions known as "dina" also exist as a means
of conflict resolution. Dina are village-based pacts and exist
as specific agreements between villages. Technically, dina
handle only civil matters among villages; criminal cases are to
be turned over to the court system. In practice, the dina have
been used to settle cattle rustling cases, prevalent in the
south. Decisions by dina are not subject to procedural
protections of due process or to judicial review. Dina are
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traditional means of conflict resolution. Decisions are
considered just as long as the parties involved accept this
traditional concept.
A military court has jurisdiction over all cases involving
national security. The definition of national security is
largely a matter of interpretation by the authorities but
includes acts constituting a threat to the nation and its
political leaders, invasion by foreign forces, and riots that
could lead to an overthrow of the Government. In exceptional
cases, civilians may be tried in the military court if charged
with breaking military laws. Military courts, like civilian
courts, provide for an appeal process and are presided over by
civilian magistrates. The rank of the four military officers
comprising the court is determined by the rank of the accused.
There were no reports of political prisoners being held in
Madagascar at year's end.
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The State does not generally intervene in the private aspects
of the lives of the people. The home is inviolable under
Malagasy tradition and law, though the Constitution permits
authorities, to enter homes where a suspect is caught in a
criminal act or where the owner explicitly consents to a
search. There is no known monitoring of telephones or
correspondence .
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Press censorship was suspended in 1989 and formally abolished
in December 1990. Beginning in 1989, the print media have
openly criticized both the Government and the opposition.
Opposition parties, independent trade unions, professional
associations and others have benefited from regular access to
the newspapers and journals and often have their statements
pxiblished. Following the temporary reimposition of censorship
under the State of Emergency in July, the press first printed
both censored and uncensored editions and then, within a few
days, decided to ignore the censor because the Government did
not enforce the emergency censorship regulation.
By mid-1991, the state-owned Malagasy Radio-Television (RTM)
had begun to broadcast a weekly discussion program, often
featuring prominent opposition figures, and to televise live
each evening the French Antenne 2 network news. However, the
Government kept close watch over these important media
outlets. During May and June, the RTM provided limited
coverage of opposition activities, and in late June RTM ceased
coverage of opposition activities altogether. RTM personnel
joined the general strike in part to protest this tight
government control. While a portion of the RTM strikers
returned following the installation of a new cabinet led by
Prime Minister Razanamasy in late August, some of the remaining
RTM strikers created a private radio station. Radio Active
Forces, without benefit of a license from the Government. In
October Prime Minister Razanamazy gained control of television
facilities which had been moved to the presidential palace.
Since then, television news has covered the full spectrum of
political activities. A Sunday program was inauguarated in
October featuring lively debate among political figures.
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Academic freedom was in theory restricted by a constitutional
prohibition of any public lectures or teachings that condemn
the Socialist revolution. However, this provision was deleted
in the constitutional reform package presented by President
Ratsiraka to the National Assembly in June. In 1991 high
school students in Antananarivo were prevented from taking
their baccalaureate examinations by opposition demonstrators.
Teacher strikes which mingled opposition and union demands
largely paralyzed the public education sector during the second
half of the year .
b. Freedom of Peaceful Assembly and Association
Some legal restrictions remain on the right of assembly and
association. Municipal permits are required to hold public
meetings and may be denied by the Government on the grounds of
endangering national security. However, from the time the
protest movement began in May, Antananarivo municipal
authorities granted the opposition permission to hold their
rallies. Despite the State of Emergency, which technically
banned political meetings, municipal authorities continued to
permit opposition rallies to take place. However, in several
cities, the Government set up security zones which
demonstrators were not allowed to enter. The violent events
cited in Section l.a. took place as marchers crossed into these
security zones. Municipal authorization for rallies and
marches continued through year's end.
c. Freedom of Religion
The Constitution provides for freedom of religion. The
Government is secular, and there is no discrimination on the
basis of religious affiliation. Between 40 and 50 percent of
the population adheres to Christian beliefs, with the remainder
following traditional Malagasy beliefs, Islam, and other
faiths. Missionaries and clergy are permitted to operate
freely.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There is no restriction on travel within the country. All
Malagasy must obtain official approval for trips outside the
country. All residents of Madagascar (Malagasy and foreign)
require exit visas issued by the Ministry of Interior, but
these are seldom denied. There is no refugee population in
Madagascar .
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
At the end of the year, this right remained in question as
Madagascar had not yet undergone fully free and fair general
elections. However, a transitional process intended to bring
about a new constitution and new elections by 1993 was under
way. Under these interim arrangements brought about by popular
pressure, governmental power had shifted substantially from
President Ratsiraka and the institutions of the 1975
Constitution to Prime Minister Razanamazy and the transitional
institutions established under the October 31 convention. The
legislature and Supreme Revolutionary Council had been
suspended in accord with the convention, and the nonelected,
transitional institutions that replaced them provided for
significant opposition representation. A 36-member Cabinet for
the transitional Government was named in mid-December in which
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the Active Forces held some key ministries and about 40 percent
of all seats; the Cabinet had no AREMA members.
Suffrage is universal, with no discrimination based on sex or
minority status. There is recognition among members of the
MMSM, the opposition parties, and civic organizations that the
electoral system must be reformed in order to prevent such
abuses as voter intimidation at the local level.
The electoral system is complex, with individual parties, not
the national Government, responsible for printing ballots and
distributing them to all voting sites. Costs associated with
ballots must be borne by the parties, and only those parties
garnering a minimum 10 percent of the vote are reimbursed for
those costs. A special legislative by-election was held on
February 3 to fill seats in three districts. The MMSM fielded
three candidates, while the the Active Forces chose to present
candidates from individual parties rather than the coalition.
In each case, the MMSM candidate won. Although there were
allegations of misuse of government assets in favor of the MMSM
candidates and voter intimidation, the widely respected
National Committee of Election Observers (CNOE) confirmed that
the MMSM candidates were in fact the winners. At year's end,
36 political parties were legally registered in Madagascar.
The Christian Council of Churches (FFKM) is at the forefront of
the constitutional reform movement and played a major role in
mediating the compromise solution of October 31 between the
Government and the Active Forces. The FFKM is composed of the
Anglican, Catholic, Lutheran, and Church of Jesus Christ
(Protestant reformed) Churches, representing about 50 percent
of the Christian churches operating in Madagascar.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Human rights groups are considered to be political groups under
Malagasy law and must register with the Government. At the
beginning of 1991, the National Committee of Election Observers
attempted to register as a nonpartisan, human rights group but
was denied registration by the Ministry of the Interior, which
insisted that CNOE should register as a political group. While
an appeal to the courts is pending, CNOE continues to function
and increasingly played a mediation role in 1991 during the
political crisis. In the last half of the year, a number of
new human rights organizations emerged, although in no instance
had the application process for their legal registration been
completed at year's end. Magistrates have been on strike for
several months, causing serious backlogs in the legal system.
The Government historically has not cooperated with groups
wishing to investigate alleged human rights violations. In
1991 it did permit visits by regional delegates of the
International Committee of the Red Cross (ICRC) to confer on
educational activities with regional representatives of the
Malagasy chapter of the Red Cross.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Madagascar is inhabited by approximately 12 million people,
mainly of mixed Malayo-Polynesian and African origins, and are
divided into 18 distinct groups based on regional and ancestral
affiliation. While legal discrimination does not exist.
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MADAGASCAR
favoritism based on regional origin is often a determining
factor in selecting personnel for positions in ministries and
the private sector. In addition, in 1991 supporters of the
President attempted to exploit ethnic tensions to counter the
oppo s i t i on movement .
An Indo-Pakistani community of about 24,000, primarily engaged
in commerce, has been in Madagascar since the early part of
this century. Few have integrated into local society,
preferring to retain their language, religion, and culture, and
most have opted to retain French rather than Malagasy
citizenship. There were several incidents of looting and
burning of Indo-Pakistani enterprises in the port cities of
Toamasina and Mahajanga during the months of June, July, and
August in connection with the protest demonstrations.
Women have traditionally played a prominent role in the
business and economic life of the country, with many of them
managing or owning business concerns or filling management
positions in state industries. Education at all levels is open
to women, but the participation of women in secondary and
higher studies is much lower than that of men. Women in rural
areas and among the urban poor face a greater degree of
hardship, bearing the traditional responsibilities of raising a
family and engaging in farm labor or other subsistence
activities. Under the law, wives have an equal say in choosing
where a married couple will reside, and they receive a more or
less equitable distribution of marital property in divorce
cases. In the case of the death of a husband, a wife inherits
one-half of the joint marital wealth. A widow receives a
pension; however, a widower does not.
According to various sources, including magistrates,
journalists, and women doctors, violence against women, such as
wife beating, is not widespread. Malagasy society tends to
resolve conflict through a combination of patience and
negotiation, and marital confrontation is not considered
acceptable; in the rare cases where physical abuse is detected,
police and legal authorities do intervene, although there is no
law dealing specifically with violence against women.
Section 6 Worker Rights
a. The Right of Association
The Malagasy in both the public and private sector have the
right in law and in practice to establish and join labor unions
of their own choosing without prior authorization. Unions are
required to register with the Government, and registration is
routinely granted. However, the labor force of 4.9 million is
mostly agrarian (85 percent), and unionized labor accounts for
less than 5 percent of the total. Many unions are affiliated
with political parties.
In organizing workers during opposition rallies this year, the
Active Forces bypassed the unions and organized "strike
committees." These committees made the decision to strike or
not to strike for the opposition throughout the period of
political turmoil. Civil servants, with the exception of those
providing "vital services to the nation," and private sector
workers have the right to strike as provided for in the Labor
Code, and many strikes occurred in 1991, including a civil f
servants' strike which lasted over several months and brought
the Government to a near stop. Opposition calls for general
strikes to exert pressure on the Government were very effective.
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MADAGASCAR
Unions may freely form federations or confederations and
affiliate with and participate in international bodies. There
are Malagasy members in all three trade union internationals.
b. The Right to Organize and Bargain Collectively
Both public and private sector union activity is governed by
the Labor Code of 1975, which provides for free unions and the
right to bargain collectively. The Code states that collective
bargaining may be undertaken between management and labor at
either party's behest. When there is failure to reach
agreement, the Ministry of Labor convenes a committee of
employment inspectors who attempt to resolve the matter. If
this process fails, the committee refers the matter to the
Chairman of the Court of Appeals for final arbitration.
Collective bargaining agreements are not routinely negotiated
but do exist. In 1991 the strike at the port of Toamasina was
ended by collective bargaining.
Although export processing zones are authorized in Madagascar,
none is currently functioning.
The Labor Code formally prohibits antiunion discrimination by
employers against union members and organizers. In the case of
antiunion activity, the union or its members may file a
petition in civil court challenging the employer. While union
activity in this country of high unemployment had been minimal
in the past, much of the unionized population was on strike
during the latter half of 1991. In the case of the civil
service, salaries were paid, though sometimes late, during the
extended period of the strike, despite acute shortages of funds
due to the dire state of the economy.
c. Prohibition of Forced or Compulsory Labor
Forced labor is explicitly prohibited by the Labor Code and is
not practiced.
d. Minimum Age for Employment of Children
The Labor Code describes a child as any person under the age of
18. The minimum age for employment is 14, and the use of child
labor is prohibited in those areas where there is apparent and
imminent danger. The Government enforces these child labor
laws relatively effectively in the small wage sector through
inspectors from the Ministry of Civil Service, Labor, and
Social Law. However, in the large subsistence agricultural
sector, many young children work with their parents on family
farms at much earlier ages. Similarly, in the urban areas,
many children earn a living as parking attendants, newspaper
vendors, and through other street trading.
e. Acceptable Conditions of Work
The Labor Code and its enforcing legislation prescribe the
working conditions and wage scales for employees, to be
enforced by the Ministry of Labor and Social Law. The law
distinguishes between agricultural and nonagricultural work.
There is a 44-hour workweek in nonagricultural and service
industries. There are also provisions for holiday pay, sick
and maternity leave, and insurance. There are several
administratively determined minimum-wage rates in Madagascar,
depending on employment skills. The lowest (for unskilled
workers) is inadequate to ensure a decent standard of living.
Accordingly, such workers must supplement their incomes through
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MADAGASCAR
subsistence agriculture or reliance on the extended family
structure. Given insufficient enforcement measures, official
wage rates are sometimes ignored as high unemployment leads
workers to accept salaries below the legal wage.
The Labor Code has rules concerning building safety, machinery
and moving engines, operational safety, and sanitation
ostensibly enforced by the Ministry of Civil Service and the
Ministry of Labor and Social Law. Labor inspectors do
regularly visit industrial sites, and violations of Labor Code
rules are subject to inspection reports. If cited violations
are not remedied within a specified time frame, violators may
be legally charged and subject to penalties. Nevertheless, in
several sectors, protective measures are lacking due to the
expense of even minimal protective clothing and other
protective devices. To date, there have been no published
reports on occupational health hazards, although there is clear
evidence that they exist .
In any case, for 1991 discussions of enforcement of the Labor
Code were theoretical. Without a functioning government for
much of the year, and with the civil servants' strike, the
administrative apparatus was effectively out of operation.
220
MALAWI
Malawi's political, economic, and social development has been
dominated by Life President Dr. H. Kamuzu Banda ever since he
led the country to independence in 1964. Dr. Banda is also
life president of Malawi's sole legal party, the Malawi
Congress Party (MCP) . In practice, the Cabinet and Parliament
are subordinate to the MCP Central Committee. Only candidates
selected by the party and approved by the President may contest
parliamentary elections. Constitutional amendments and laws
passed by the Parliament mirror decisions already taken by
President Banda.
Police and party security organs — notably the Security and
Intelligence Service (SIS), the MCP Youth League, and the
Malawi Young Pioneers (MYP) — closely monitor a wide range of
the population's activities. The police continue to commit
serious human rights abuses. In contrast, the army has
eschewed internal politics.
Small, densely populated, and landlocked, Malawi is a
predominantly agricultural economy operating under a relatively
free enterprise environment. Nearly 90 percent of the
population engages in subsistence farming. The main cash
crops, grown mostly on estates, are tobacco, tea, coffee, and
sugar. Since independence, and with good management, the
economy has grown steadily, with a major portion of that growth
in the agricultural sector.
Malawi's poor hxunan rights record stands in sharp contrast to
its economic achievements and humanitarian handling of Africa's
largest refugee population. In 1991 the Government and party
kept strict control on all aspects of political life, with
continued restrictions on speech, press, assembly, association,
and the right of citizens to change their government through
democratic means. Police abuse of prisoners and detainees,
including women, persisted. The Government continued also to
use arbitrary detention, especially under the Preservation of
Public Safety Act, to counter alleged opponents. The
Government released 88 political detainees in the first half of
1991, including Professor Jack Mpanje and several other
prominent persons long held without charge or trial. It did
not, however, release Orton and Vera Chirwa, who have long been
the focal point of international concerns about human rights
abuses in Malawi, and a number of other political detainees and
prisoners, estimated at year's end at between 15 and 20.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no political killings in 1991. However, Fred
Kazombo Mwale, a nephew of President Banda and a detainee since
June 1991, is believed to have died in November while in
custody. Kazombo suffered from high blood pressure,
exacerbated by the deleterious conditions of Nsanje Prison. In
the case of Mkwapatira Mhango, a leading Malawian dissident who
was murdered in Zambia in October 1989 (along with eight
members of his family), the five Malawians detained as suspects
by Zambian authorities were handed over to Malawian officials
in mid-1991. They were reportedly released 1 month later.
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Disappearance
There were no reported cases of disappearance for political
reasons in 1991.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Allegations of institutionalized torture persist. Beatings
during arrest and detention are illegal but common. Guilty
officers are rarely disciplined. Human rights organizations
have reported that some criminal prisoners have been subjected
to "hard core" punishment in which the person is chained naked
to the floor of a cell and denied adequate food for 30 days.
Prison terms and conditions are harsh and frequently degrading,
particularly in Nyachikadza (Nsanje) prison on the Shire river
marshes in southern Malawi, where malaria is also a constant
danger. Women appear to be particularly ill-treated, including
at the country's main prison in Zomba . Reports persist
concerning sexual abuse of women prisoners by their warders.
d. Arbitrary Arrest, Detention, or Exile
Under the Preservation of Public Security Act, the Minister of
Justice (a position held by President Banda) may order the
arrest, search, and detention of persons considered a threat to
public order. Persons arrested under this law may be, and
usually are, detained without charge or trial. The President
is supposed to review such cases every 6 months, but this
constitutional safeguard has had no noticeable effect on
presidential decisions.
Police officers may also arrest persons on their own authority
for up to 28 days before a formal detention order is issued.
Historically, persons often have been held for months before
being served detention p'apers, if ever. In 1990 improved
police performance helped to ensure that most new detainees
were processed properly within the 28-day limit, but it did not
prevent the Government from issuing detention orders in 1991 to
stifle any sign of dissent.
During the first half of 1991, the President, in an unexplained
surprise move, released 88 political detainees. None of them
was even given an official explanation as to why they had been
detained. Those released comprise more than 80 percent of the
number of known political detainees and included several
prominent figures.
Among those released were Professor Jack Mapanje, former head
of the University of Malawi's Department of Literature; Dr.
George Mtafu, Malawi's only neurosurgeon; and Margaret Marango
Banda, a prominent Anglican lay leader. Mapanje and Mtafu were
reinstated professionally but immediately went abroad to teach
and study. Others released without explanation included Brown
Mpinganjira, Ishmael Mazunda, Blaise Machila, L.W. Masiku, and
Ian Mbale.
Among new detentions in 1991 were the two daughters of Gwanda
Chakuamba Phiri, a former minister convicted and imprisoned in
1980 for an alleged coup plot. They were held for 2 months for
allegedly helping their father smuggle out of prison
correspondence that questioned the country's leadership and
direction. In May President Banda detained his nephew, 6 5 -year
old Fred Kazombo Mwale, and imprisoned him at Nsanje prison
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without charge. He died in November. Two of Kazombo ' s wives
were also detained, albeit in prisons with better conditions.
Kazombo reportedly had abused his position as de facto
patriarch of the President's family to seize lands from
neighboring smallholders.
George Chikuni, former Malawian Ambassador to South Africa, was
arrested in January 1990 for fiscal irregularities while
assigned to Pretoria. Chikuni was convicted of a misdemeanor
in 1991, and, after he had spent a year in jail, a magistrate
gave him a suspended sentence. The police refused to release
him, possibly because President Banda is known to have
personally expressed his displeasure over Chikuni ' s behavior.
Government secrecy precludes an accurate estimate of the number
of political detainees and prisoners in Malawi, but at the end
of 1991 experienced observers put the number at between 15 and
20, including Orton and Vera Chirwa (see Section I.e.). Martin
Machipisa Munthali, who was first detained in 1965, remained in
prison at year's end; he is now considered Africa's longest
serving political detainee. Aleke Banda, once a confidant and
likely successor to President Banda (no relation), was quietly
released from Mikuyu prison in late 1988 but is still
restricted to house arrest on the Mpyupyu prison farm near
Zomba . He is allowed periodic visits from family members.
Detained in 1980, Aleke Banda has never been charged. Dr. Dany
(Goodluck) Mhango, detained in 1987 after his brother
(Mkwapitira Mhango, murdered in Lusaka in 1989) published
hostile articles outside Malawi, remained in Mikuyu prison.
Mary Sikwese, sister of Fred Sikwese, remains in detention
after she complained about her brother's death while in police
custody in 1989. Frackson Zgambo, detained with Sikwese,
allegedly for espionage, also remained in detention.
Former teachers' association official Kalusa Chimombo has been
detained since 1978. Others detained include Sylvester Gondwe,
,he sales manager for a large petroleum distributor; he was
detained in September for unknown reasons, subsequently
dismissed from his job, and then released in December. Abdul
Juneja Lemani , a merchant from the Mwanza district, was
detained in November after allegedly expressing a lack of
confidence in the ability of the police to protect area
residents from border-crossing RENAMO forces.
While forced exile has not been used as a means of political
control, there is a small but constant exodus of persons who
leave for political reasons.
e. Denial of Fair Public Trial
Malawi has both traditional and European court systems. Legal
counsel is permitted only in the modern courts. The right of
appeal exists in both systems. Both are empowered to try
capital offenses, including treason, but in practice the modern
courts hear mostly civil cases. Although constitutionally
mandated, neither judiciary is truly independent. Executive
interference in the modern court system is rare in civil cases
but common in those of a political or security nature, which
usually come before the traditional courts.
The European court system consists of magistrate's courts, the
High Court, and the Supreme Court of Appeal. The President
appoints the Chief Justice of the High Court and, after
consultation with the judicial service commission, other court
justices. The courts are open to the public, and defendants
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are charged publicly. Crowded dockets, however, can delay
serious cases from being heard for up to 4 years. In criminal
cases, the defendant waits in prison during the interval.
The traditional courts, which try over 90 percent of all
criminal cases, are the most accessible to the average
Malawian. Over 300 traditional courts, dispersed among
Malawi's 24 districts and 3 regions, hear several hundred
thousand civil and criminal cases each year. Traditional court
justices are appointed directly by the President, including to
the National Traditional Appeal Court. In practice, they are
drawn from the ranks of MCP officers and exercise their party
responsibilities concurrently. Police officials handle the
prosecution, and defendants conduct their own defense.
The executive branch seldom interferes in traditional court
cases involving customary (tribal) law but does so routinely in
political and security cases. The traditional courts were
designed by Orton Chirwa (the first Minister of Justice) to
handle small claims, family, and customary disputes in order to
accelerate the delivery of justice to Malawi's largely rural
and illiterate population.
Traditional courts were not empowered to try treason cases
until 1977 when President Banda sought to ensure the conviction
and subsec[uent execution of a secretary general of the Malawi
Congress Party who had allegedly plotted his overthrow.
Similarly, the President directed that Orton and Vera Chirwa be
tried by the traditional court in 1983 in which few, if any,
procedural safeguards are available. Banda subsequently
commuted the Chirwas' death sentences to life imprisonment.
Despite appeals from many human rights organizations, the
Chirwas' remained in prison at year's end, reportedly in poor
health. Orton Chirwa is now 73 years old.
The Forfeiture Act permits the Government to revoke the
property rights of those merely suspected of economic crimes,
such as illegal currency transactions. These revocations
sometimes have political overtones and have been heavily
weighted against the Asian community. However, the Act has not
been invoked in recent years, and in 1991 restitution of
certain properties seized earlier was made.
f . Arbitrary Interference with Privacy, Family, Home, or
Co r r espondenc e
Police may enter houses of suspects at will under special entry
authority to conduct searches for incriminating evidence or
suspects. Telephones are routinely tapped, and an extensive
network of informers reports private statements and actions to
the Government. Authorities regularly open domestic and ■
international mail and sharply increased this practice in
1991. Malawi's security services feared the effects of
accelerating democratization trends in neighboring countries.
Malawian law permits the Government to designate certain
districts as "special areas" where citizens may be stopped,
questioned, and searched on the street. Most special area
districts are in the north. Although this has been an unused
statute in recent years, its residual effect has contributed to
the north's sense of disenf ranchisement .
«
Membership in the ruling Malawi Congress Party is not legally
mandatory, but it is frequently coerced, and membership is
expected of those who seek access to government services or
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entrance to local markets, even babies carried on their
mothers ' backs .
Section 2 Respect for Civil Liberties, Including;
a. Freedom of Speech and Press
Free speech and press are severely circumscribed i Malawi. It
is an offense, punishable by 5 years' imprisonment, to publish
anything likely "to undermine the authority of, oc public
confidence in, the Government." It is punishable by life
imprisonment to send out of the country "false information"
which may be "harmful to the interests or good name of
Malawi." At least one journalist was arrested and held in 1991
under this provision. In practice, giving critical information
to foreign journalists can result in detention without trial.
Any discussion of Malawi's political future or speculation
about the President's age is prohibited, although the elderly
President's oft-predicted passing is now a common topic of
conversation. A few years ago, speculation about the eventual
succession would have guaranteed detention.
Malawi's two newspapers and government-owned radio exist
primarily to catalog the President's words and deeds.
Nevertheless, local media do not submit material to the
Government beforehand but exercise careful self-censorship.
Even so, journalists, including senior editors, have been
jailed for extended periods after overstepping undefined
boundaries. In July two editors of the daily newspaper were
detained by police for between 4 hours and 4 days when they
published an editorial that implied minor police corruption in
the traffic department. In the same month, the editor of a
monthly magazine was detained overnight when he published a
letter from the dean of the University of Malawi law school
that gave a legal interpretation of the country's strict dress
code that was contrary to the interpretation enforced by the
Inspector General of Police. The law school dean was also
briefly held.
Criticism of various government departments' efficiency does
appear in the newspapers and often in parliamentary debate.
While reporting on democratic tendencies in Malawi is taboo,
there was considerable print coverage, but no radio coverage,
of worldwide democratic developments during 1991, especially in
other parts of Africa. The multiparty movement in neighboring
Zambia received surprisingly impartial coverage.
The newly formed Journalists' Association of Malawi was
formally registered in 1991 and held a 1-week media workshop to
highlight the role of the press. The Association also
remonstrated with the Inspector General of Police when its
members were briefly incarcerated, a confrontation that would
have been inconceivable in Malawi only a few years ago. In
July the June issue of Africa South magazine was banned in
Malawi because it contained discussion of a report criticizing
widespread human rights violations.
Foreign journalists must request permission to enter Malawi and
must specify in advance the topics they intend to cover. They
are also asked to specify who they intend to interview. The
Government continues to permit some Western journalists to
visit Malawi.
Academic freedom is limited by the general restrictions on
speech and press. The long detentions of Professors Mapanje
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and Machila, who were finally released in 1991, remind
university professors of the definite bounds to academic
inquiry.
b. Freedom of Peaceful Assembly and Association
Political meetings are not permitted outside the framework of
the Malawi Congress Party. Persons may be imprisoned if they
further the aims of an "unlawful society," defined as "any
group considered to be dangerous to the good government of the
republic." A gathering of three or more persons may be
construed as an unlawful assembly under Malawian law.
Individuals and organizations can and do associate freely
concerning nonpolitical matters.
c. Freedom of Religion
There is no state or preferred religion, and religious groups
generally may establish places of worship and train clergy.
However, religious groups are required to register with the
Government, and an informal presidential decree that no new
religious groups should be registered in Malawi has taken on
the force of law. The ban has served to prevent legitimate
religious groups, such as the Mormons, from establishing a
registered presence in Malawi.
Jehovah's Witnesses, whose religious convictions, inter alia,
prevent them from joining the MCP or any other political party,
have been banned since 1967. Relations between the Government
and the Witnesses remain tense and regularly elicit hostile
outbursts from senior officials. Several Jehovah's Witnesses
are imprisoned for their religious beliefs. In October some
local officials publicly criticized Mozambican refugees who
were openly proselytizing for the Jehovah's Witnesses faith.
Many of these refugees, it turned out, were originally
Malawians who had fled Malawi's persecution of the Jehovah's
Witnesses during the 1970's. However, credible reports
indicate that several hundred were forcibly repatriated to
Mozambique.
Religious publications, like others, may not criticize the
Government or the party. Most religious groups are free to
establish and maintain links with coreligionists in other
countries, and members are free to travel abroad.
Malawi's sizable Muslim minority (estimated at 20 percent of
the population) conducts its religion and builds mosques
freely. Foreign Islamic organizations have funded the latter
with no governmental interference.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Legal provisions exist for testricting movement of those
convicted of political or criminal offenses. Denial of
passports on political grounds is common. Credible evidence
suggested that SIS agents followed persons suspected of
opposition to the Government out of Malawi in 1991. Civil
servants and employees of state-owned enterprises must obtain
written permission to travel abroad, even on vacation, although
such clearance now appears to be routine.
Formal emigration is neither restricted nor encouraged.
However, Asian residents and citizens, while free to travel
within the country, must nominally reside and work in one of
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four urban areas (Lilongwe, Zomba, Mzuzu, and Blantyre/Limbe) .
In Lilongwe, a planned capital, they must also live within
certain neighborhoods. During 1991 the Government did not
strictly enforce those restrictions.
Malawi hosts the largest refugee population in Africa. Over
900,000 Mozambicans — more than 10 percent of Malawi's
population — are now located in rural areas in nearly half of
Malawi's 24 districts. Some refugees live in camps, but many
live within or adjacent to existing villages. In both cases,
their presence has increased deforestation and put pressure on
scarce arable land. The strain on Malawi's economy, as well as
its transportation and social services networks, has been
severe. More recently, security from cross-border attacks has
become a greater concern. Public discontent at the burden has
been rising at an alarming rate, but in 1991 President Banda
again reaffirmed Malawi's commitment to offer asylum to all who
are forced to flee Mozambique's brutal civil war.
There were credible reports that hundreds of refugees were
forcibly repatriated because they were members of the Jehovah's
Witnesses, a banned religious group. Voluntary repatriation
has been very limited. The Government has cooperated with the
United Nations High Commissioner for Refugees and other
international relief efforts.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens of Malawi cannot change their national government
through democratic means. Major, and many minor, political
decisions are made by the President or his closest associates.
Opposition political parties are prohibited. In 1991 there
appeared to be emerging support at the grassroots level for a
multiparty movement, as some persons began to discuss more
openly a post-Banda political system.
The Malawi Congress Party structure provides for some choice
among candidates for party (every 3 years), parliamentary
(every 5 years), and other offices — all by secret ballot.
Nominees for political seats, however, are carefully selected
by the MCP and approved by the President. The National
Assembly, consisting of both elected and a few appointed
members, is mainly concerned with ratifying preordained
policy. Its independence and powers are broadly based in law
but highly circumscribed in practice.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Local nongovernmental human rights organizations are not
permitted. At best, human rights issues can be touched on
tangentially by the Malawi Law Society which, in recent years,
has been able to debate in public some aspects of existing law
with increasing candor. In November Justin Malewezi, the
nation's top civil servant and the government official most
closely involved with human rights issues, was fired.
Malewezi, an effective force for constructive change in Malawi,
had contributed to human rights reform, though his dismissal
seems not to be related to his work in that area. The
Government does not permit organizations such as the
International Committee of the Red Cross and Amnesty
International to visit prisons or conduct human rights
invest igat ions .
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Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Membership in the ruling party, the MCP, or its organs is not
open to Malawians of Asian or European descent. In addition
there are regional differences between the north and the rest
of Malawi. Northerners have experienced considerable
discrimination by the Government in the past, most recently in
1989, when President Banda lent his weight to a campaign that
resulted in many northerners losing jobs in the south and being
forced to return to their region or go into exile abroad.
Several of the most important political prisoners, including
Orton and Vera Chirwa, are from the northern region. Since
1990 the Government has made a concerted effort to downplay
regionalism as a domestic issue. Northerners continued to hold
important positions within the Government and Parliament, but
few are permitted to advance to high positions within the
police, the Government's primary instrument to enforce internal
security.
Asian residents, whether Malawian citizens or not, have been
compelled to transfer ownership of rural shops and trucking
businesses to ethnic Africans. Strict rules govern where
Asians may own property, although these were relaxed
considerably during 1991. Malawi's official government
hostess, C. Tamanda Kadzamira, has recently gone to
considerable lengths to draw Asian women into her new National
Women's Development Organization (CCAM) . Despite these
informal changes, many persons in the small but prosperous
Asian community of about 5,000 question their long-term future
in Malawi .
In Malawi women are ec[ual under the law, and tribal leadership
structures remain primarily matrilineal in the central and
southern regions of the country. However, in practice women do
not have opportunities equal to those of men. Historically,
most women have been unable to complete even a primary
education and are at a serious disadvantage in the job market.
The Government presently reserves for women 33 percent of the
places in the secondary school system, although the actual
number of attendees is less. The Government has also
cooperated closely with international donors seeking to enhance
educational opportunities for women at all levels, e.g., with a
U.S. -assisted $20 million program designed to improve the basic
education of girls.
In practice, women are also disadvantaged under the law through
ignorance. In 1991 the National Commission of Women in
Development, working with the CCAM and the Malawi Law Society,
held a well-publicized workshop and began work on the
publication and distribution of a bilingual handbook on women's
legal rights.
The Government is also slowly giving recognition to the
importance of women as agricultural producers, as approximately
70 percent of all smallholder farms and over 50 percent of
subsistence holdings are headed by women. When buying and
selling "saleable" property, men and women have equal rights.
However, with "customary" property (land in transition),
succession in the northern region reverts to male family
members, whereas succession in the southern region reverts to
female family members. The Ministry of Agriculture now has a
separate women's extension program specifically designed to
accommodate their needs. Women enjoy access to maternal health
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services and to extension programs, but infant and child
mortality remain extremely high.
Malawi continues to maintain a strict dress code for women.
Pants and shorts are not permitted in public, and dress length
must be below the knees. In 1991 the police began a strict
enforcement of these rules; several women were arrested and
fined.
Malawi has no tradition of violence against women; however, a
few small ethnic groups continue to practice female
circumcision.
Section 6 Worker Rights:
a. The Right of Association
Only nongovernment workers have the legal right to form and
join trade unions. Unions represent from 10 to 20 percent of
Malawi's small labor force in the money economy; most organized
wage workers are unskilled laborers on large agricultural
estates. Unions are required by law to affiliate with the
Trade Union Congress of Malawi (TUCM) . The TUCM, like both the
Employers Consultative Group and the Associated Chambers of
Commerce, is a private organization ostensibly independent of
the Malawi Congress Party, but in practice its activities are
highly circumscribed by the Government. Restrictive colonial
labor legislation has been subsumed largely intact into
Malawian law.
While technically legal, strikes are not tolerated in Malawi.
Ministry of Labor officers are quick to intervene at the first
hint of labor unrest. There were no efforts to strike in 1991.
The TUCM associates with international labor organizations and
is a member of the Organization of African Trade Union Unity
and the Southern African Trade Union Coordination Council which
is headquartered in Lilongwe.
b. The Right to Organize and Bargain Collectively
Workers have the legal ri^ht to organize, but the law does
little to restrict antiunion discrimination by employers.
Complaints are resolved by the Ministry of Labor. When
employees and employers cannot reach agreement on a labor
issue, a labor officer from the Ministry of Labor meets with
the two sides in an attempt to reach a consensus. This is
usually successful. The labor officer does not decide the
outcome himself.
Collective bargaining is protected by law, but in practice its
use is limited by stark market realities. Skilled workers are
in demand in Malawi and have enjoyed relative success when
negotiating contracts. However, unskilled workers are in
oversupply, and this holds down their wages. The Government
does not intervene overtly in the collective bargaining process.
Management-labor councils (called "work committees") mediate
labor issues at the workplace. There are standing management-
labor councils in large industries and businesses. The
composition of these is generally half labor and half
management. Grievances of all kinds can be handled by these
committees (including wage issues) as long as they relate to
work at that particular place of employment. When wage
negotiations concern an entire industry nationwide, then the
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Government involves itself in the discussions, and again all
parties work until a consensus is reached.
There are no export processing or free trade zones in Malawi.
c. Prohibition of Forced or Compulsory Labor
Forced labor, which was widely practiced during colonial times,
has never been formally outlawed, but it is opposed by the
Government and is not practiced.
d. Minimum Age for Employment of Children
The minimum working age is 14, but this applies only to the
small urban wage sector where it can be enforced by labor
inspectors from the Ministry of Labor. The law concerns young
workers throughout the country, but it is less easily enforced
in rural areas. Overall, enforcement is not considered to be
effective. Also, because there is no law providing compulsory
education for children, many children are available for daily
employment. In the large subsistence agriculture sector, where
most Malawians work, children help on family farms at a much
younger age. Many also work on plantations, where they are
paid substantially less than the legal minimum wage.
e. Acceptable Conditions of Work
Less than 15 percent of the work force is employed in the
formal wage sector. In May 1989, the Minimum Wage and
Conditions of Employment Act nearly doubled the minimum daily
wages in Malawi's three cities, but perhaps a quarter of the
work force receives less than the legal minimum wage because of
poor enforcement and because many workers are unaware they are
entitled to a minimum wage. The legal minimum wage is not
adequate for a decent living and is often supplemented by
additional employment. Minimum wages vary from urban to rural
areas. For those fortunate enough to hold paying jobs, wages
and working conditions are generally adequate to maintain
slightly better than a subsistence standard of living. Many
subsistence farmers supplement their earnings by working as
tenants on nearby estates. Labor laws address normal
employment practices but do not cover tenancy agreements, and
abuses are widespread.
The maximum workweek in Malawi is 48 hours or less . Workers
have Sundays and official holidays off from work or must be
paid overtime. Paid holidays and safety standards in the
workplace are required by law. However, enforcement of safety
standards by Ministry of Labor inspectors is erratic.
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In 1991 the 23-year-old, single-party military dictatorship of
President Moussa Traore was overthrown, leading to the
establishment of a transitional government which pledged to
establish a multiparty democracy with free elections by January
1992. The transition period was later extended to March 26,
1992. On March 26, 1991, after 4 days of intense
antigovernment rioting, a group of 17 military officers
arrested President Traore and suspended the constitution.
Within days, these officers joined with the Coordinating
Committee of Democratic Associations to form a predominantly
civilian 25-member ruling body, the Transitional Committee for
the Salvation of the People (CTSP) . The CTSP issued a
fundamental code, the basic governing document for the
transitional period, and appointed a civilian prime minister
and transitional government. A National Conference held in
August produced a proposed new constitution, political parties
charter, and electoral code. In a referendum on January 12,
1992, the new Constitution was approved. Lt . Colonel Amadou
Toumani Toure became Head of State during the transition period.
The country was affected by rebellious activity in the north,
which varied from politically motivated rebels seeking an
autonomous Tuareg state to simple banditry. Rebel activity,
which started in mid-1990, had subsided by the time the
previous government signed accords with two rebel groups in
January 1991. Dissident rebel elements continued sporadic
attacks in the early part of the year, which escalated after
the change of government. There were credible reports of
civilians killed and abducted by rebels, of extrajudicial
killing committed by the military, and of the theft by rebels
of vehicles belonging to private voluntary organizations
involved in food distribution. The transition Government made
strenuous efforts to find a political solution to the problem
and held a series of conferences of all parties in late 1991,
with more scheduled for early 1992.
Mali's armed forces number some 7,000 and are under the control
of the Minister of Defense. The gendarmerie (paramilitary
police) and local police forces have primary responsibility for
maintaining internal security. Military forces were deployed
throughout the northern regions of the country to deal with
insurgency and banditry. The military's credibility was
profoundly shaken when it used lethal force to put down the
antiregime demonstrations that led to the arrest of then
president Traore on March 26. Subsequently, the CTSP made
strenuous efforts to reestablish discipline among the troops
and to prepare officers for a changed role for the military
under civilian democracy, but problems remained, especially in
the north.
With an annual per capita gross national product of
approximately $290, Mali is one of the world's poorest
countries. Mali's economy rests primarily on subsistence
farming and animal husbandry, making it highly dependent on
good rainfalls for its economic well-being. The transitional
Government continued efforts to modernize the economy through
fiscal reform and made determined efforts to end government
corruption. Nonetheless, Mali remained heavily dependent on
external aid. Private enterprise was encouraged as part of
economic reform and liberalization programs.
Although there'were significant violations of human rights in
1991, especially those associated with the conflict in the
north and the end of the Traore regime, the change in
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government in most respects improved the human rights
situation. Political rights were greatly expanded, and freedom
of speech, press, assembly, and association increased
significantly. The new Constitution provides broad protection
of human rights and civil liberties. Because of good media
coverage of the events, more Malians became aware of their
rights and were less afraid to file complaints when these
rights were violated. At the end of the year, the transition
Government had taken many steps toward the establishment of a
multiparty democracy based on the rule of law, including
scheduling municipal, legislative, and presidential elections
for early 1992.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of targeted political killings. There
were, however, numerous instances of extrajudicial killing by
security forces using excessive force in putting down
antiregime demonstrations in Bamako and in dealing with the
rebellion in the north (see Section l.g.).
b. Disappearance
Rebels frequently abducted civiliams during raids on villages.
Some of them were released, others are known to be held by
rebels, but the whereabouts of still others are unknown.
Although there were no reported incidents of abduction or
hostage-taking attributcible to the Government, there reportedly
have been incidents in which persons detained by security
forces in the north have been killed (see Section l.g.).
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The new Constitution prohibits torture eind inhuman, cruel,
degrading, or humiliating treatment, and the transitional
Government made strides toward ending the physical abuse of
suspected persons which sometimes occurred during police
interrogation. Widespread publicity given to issues of human
rights made citizens more willing to complain, which
constrained individual police officers in their treatment of
arrestees. The transitional Government also improved
conditions in prisons, rebuilding the Bamako central jail,
improving food and medical services, and separating hardened
criminals from lesser offenders. In addition, it authorized
the International Committee of the Red Cross (ICRC) to conduct
a seminar for prison officials on the treatment of prisoners.
Many prisons outside the capital, however, are still harsh and
are characterized by inadequate medical facilities and food
supplies.
d. Arbitrary Arrest, Detention, or Exile
The Malian judicial system is based on the French model, and
the fundamental code and the new Constitution expanded the
rights of arrested individuals. Persons arrested must be
charged or released within 48 hours. Malian law does not
provide for release on bail, but detainees are sometimes
released on their own recognizance. Administrative backlogs
often cause delays in bringing people to trial. The new
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Constitution gives arrested persons the right to have a lawyer
of their choice present at all questioning; even before the
constitution was promulgated, persons began to demand that this
right be accorded them. Lawyers are quite active in making
sure detainees have representation; many provide pro bono
service.
A number of Tuaregs were detained by military authorities in
the wake of rebel and bandit attacks in the northern regions.
By November all those detained had been released, except for 22
persons who were transferred to Bamako and charged with
specific crimes. Those Tuaregs arrested during 1990 were
released after the signing of the Tamanrasset Accords in
January 1991.
At the time of the overthrow of the previous regime, the former
president, his family, all government ministers and members of
the party executive committee, and many others were detained.
Following investigations by a special commission of the
judicial police, the investigating judge formally charged all
former officials with specific violations of the law and
initiated detailed investigations of the cases, as required,
prior to trial. Two of the "former" president's children
continue to be detained without charge. Two other children and
one grandchild are being held in protective custody.
Detention of political demonstrators, which was sometimes
practiced by the previous regime, was discontinued under the
transitional Government. Many Malians who were in exile under
the previous regime returned to live in their country in 1991.
e. Denial of Fair Public Trial
The transitional Government basically retained the existing
court structure, with two notable changes: it declared the
judiciary independent of the legislative and executive power,
and it abolished the special court of state security, which
operated outside the regular judicial system.
The Fundamental Code and the new Constitution provide for the
independence of the judiciary. However, the Ministry of
Justice appoints judges and supervises both law enforcement and
judicial functions. The Superior Judicial Council, which
supervises judicial activity, is headed by the President of the
Republic. The Supreme Court has both judicial and
administrative powers. Under the Constitution, there will be a
separate constitutional court and a high court of justice, with
the power to try senior government officials in cases of
treason.
Except in the case of minors, trials are public and defendants
have the right to be present and to have an attorney of their
choice. Defendants are presumed innocent and have the right to
appeal decisions to the Supreme Court. Many members of the
former government, including the former president and his wife,
were charged by the regular criminal court with corruption and
embezzlement; others have been formally charged with violations
of law in connection with the shooting of demonstrators during
the riots in January and March. The Government pledged to try
these persons in accordance with the law and prevented efforts
by some groups to use the National Conference as a popular
tribunal. No trials had begun by the end of the year. All
members of the former government reportedly had access to
lawyers.
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Another concern was a wave of vigilante justice which erupted
after the overthrow of the previous regime, but it declined by
the end of 1991. In the wake of massive jailbreaks and overall
lack of confidence in the security system, mobs in Bamako and
other towns on more than 15 occasions captured and killed
suspected thieves. However, special police units in several
cases rescued threatened individuals and treated them in
accordance with the law.
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence .
Inviolability of the home is provided for in both the old and
new Constitutions and generally is respected in practice.
Police searches are infrequent, and warrants are issued by a
judge and recorded, though sometimes after the fact. Local
authorities sometimes seize and open mail extralegally .
g. Use of Excessive Force and Violations of Humanitarian
Law in Internal Conflicts
In March, during 4 days of rioting and demonstrations which
preceded the overthrow of the previous regime, security forces
in Bamako and several other cities opened fire on
demonstrators, killing 216 and wounding 717. Some of the
killings occurred while demonstrators were looting and burning
government buildings; many others occurred as security forces
attempted to stop peaceful demonstrations. In addition, there
are credible reports that 65 persons died when security forces
set fire to a building into which demonstrators had fled. The
transitional Government arrested and charged a number of senior
military officials who were believed responsible for issuing
live cimmunition to the troops.
The Tuareg rebellion in the north resulted in the deaths of
many civilians, rebels, and Malian military and government
officials. The number of dead in the conflict is uncertain,
but at least 39 civilians were killed by Tuaregs in at least 29
attacks. In one case, the Government reports a woman was
killed by rebels after she refused to accompany them back to
their camp.
The military's response to these attacks included reprisals
against unarmed Tuaregs and Maurs. On November 14, soldiers
summarily executed 10 Tuareg civilians near Menaka in reprisal
for the killing of military dependents earlier that day,
according to credible reports. In Timbuktu on December 12,
soldiers murdered leading Tuareg notable and government
supporter Mohamadoum Ag Hamani and eight members of his
household following an attack, possibly by a Tuareg faction, on
the Governor's residence. There were confirmed reports that,
on May 21, a group of soldiers summarily executed 34 nomads in
Lere, and credible reports that in July they executed 15 more
near Tonka. The President repudiated such behavior, and the
Government reportedly transferred and disciplined the soldiers
involved, but no one was arrested or tried, largely out of
concern over possible military discontent should the officers
be publicly humiliated.
Aside from those who died or were wounded in rebel attacks and
army reprisals, many nomads lost cattle herds, and commercial
enterprises were destroyed. Rebels stole vehicles from private
voluntary organizations, making food distribution in the region
extremely difficult. The number of deaths in the conflict is
difficult to estimate. Credible reports put total civilian
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Tuareg deaths at the hands of the military at around 70. It is
likely that the Malian military and the various rebel and
bandit groups lost as many as 150 people each.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
With the installation of the transitional Government in March,
Malians enjoy virtually complete freedom of speech and press.
Both the Fundamental Code and the new Constitution contain
strong affirmations of these freedoms. At the National
Conference, citizens from all segments of society voiced
opinions, including often strong complaints, about government
policy and leaders and direct criticism of the President of the
Transitional Council, which were broadcast live on the
state-owned radio system.
There are some 15 independent newspapers and journals. The
government-owned newspaper and radio and television system are
open and give space to a wide range of views. In September the
transitional Government announced that it would allow the
creation of private radio and television stations, and a
subcommission was established under the Minister of
Communications to prepare regulations for private
broadcasting. By the end of the year, two private radio
stations were operating in Bamako.
Political meetings take place openly and without interference.
The political pressures which previously inhibited academic
freedom have all but disappeared.
b. Freedom of Peaceful Assembly and Association
One of the first acts of the CTSP was to allow the free
formation of political parties and other associations. The
Constitution affirms this right. Some 46 political parties and
at least as many professional and special interest associations
were formed and operated freely. While no parties have
established formal ties with those in other countries, there
are no restrictions on their doing so. Permits must be
obtained for mass demonstrations, but these are now routinely
granted.
c. Freedom of Religion
Mali's status as a secular state is reconfirmed in the new
Constitution. The Government generally does not discriminate
on religious grounds. Although 90 percent of Malians are
Muslim, members of other religions practice their faiths freely
and are permitted to establish houses of worship and schools.
Christian missionaries of various faiths, including foreign
missionaries, operate freely. Proselytizing and conversion are
permitted, except in the case of the Baha ' i . The Government
prohibits publications in which one religious group defames
another; the Minister of Territorial Administration determines
whether such a publication is defamatory. This law is rarely
app 1 i ed , howeve r .
While administrative orders promulgated in 1977 prohibiting
Baha'i from meeting in groups of more than three people remain
in force, these orders are not enforced, and Baha'i practice
their faith without interference.
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d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Freedom of movement in Mali is generally unimpeded, although
police checks occur in which Malians and foreigners alike are
stopped, particularly at night. These checks are used
ostensibly to restrict the movement of contraband goods and to
check vehicle registrations. In practice, some police
supplement their salaries by assessing ad hoc fines or
confiscating goods. As part of its ant i corrupt ion campaign,
the Government attempted to end these abuses. An exit visa is
no longer required.
In recent years, Mali has both accepted and generated
refugees. Some 13,000 Mauritanian Peuhl refugees who fled
strife in their country in 1989 settled in Mali and were
generally absorbed into the local economy. Some 140 Liber ian
refugees who fled to Mali in 1990 were relocated to Cote
D'lvoire in 1991 under a program of the United Nations High
Commissioner for Refugees. In 1991 the insecurity in Mali's
northern regions led some 18,000 Malian Maurs and Tuaregs to
flee to Mauritania and thousands to flee to Algeria, perhaps
35,000, according to Malian government estimates. Several
thousand Tuaregs who had fled drought conditions in 1984-85 and
had begun to be repatriated to Mali in 1990 returned to Algeria
as refugees .
Section 3 Respect for Political Rights: The Right of Citizens
to Cheuige Their Government
During 23 years of single-party military rule, Malians were
unable to change their government through peaceful means .
However, the Transitional Committee for the People's Salvation
(CTSP), which assumed power in March, laid the groundwork for
multiparty democracy in which citizens will be able to elect
their government and change it through peaceful means .
The CTSP is made up of 15 civilians representing organizations
which led the prodemocracy movement (including the national
labor union) and 10 military officers, led by Lt . Colones
Amadou Toumani Toure, who is Head of State for the transition
period. Upon assuming power, the CTSP appointed a transition
Government comprising mainly technocrats charged with
day-to-day operations of the Government and with conducting
elections planned for early 1992. The CTSP almost immediately
allowed the formation of political parties, with the only
restriction being a prohibition against parties based on
religion, ethnic group, region, or gender. By September there
were some 46 registered political parties.
In August a widely representative national conference adopted a
proposed new constitution, a political parties charter, and an
electoral code, which will be the basic documents of the new
political system. The new Constitution, which contains broad
provisions on civil rights and liberties, was adopted in a
referendum on January 12, 1992. It provides for direct
election of the President for a term of 5 years (with a limit
of two terms), direct election at the district level of members
of the National Assembly, a separation of executive,
legislative, and judicial powers, and control of the military
by the President. Members of the CTSP and military officers
who wished to stand for office were rec[uired to resign their
posts by the end of August. Members of the transitional
Government were excluded from running for office in these
elections. The Government immediately began preparations for
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the elections, and political parties started operations
throughout the country. The test of the system will come in
the elections and completion of transfer of power from the CTSP
to the newly elected president, including the return of the
military to their barracks, now scheduled for March 26, 1992.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The independent Malian Association for Human Rights (AMDH),
established in 1989, was prominent in the prodemocracy movement
and active in the drawing up of the new Constitution. Two of
its members sit on the CTSP. AMDH lawyers represent individual
cases of human rights violations before courts and work to
inform people of their rights. There was some concern that the
AMDH's representation on the CTSP and the involvement of its
president in a political party would jeopardize its
independence. The Fundamental Code and the new Constitution
make reference to the universal declaration of human rights.
The transitional Government addressed some human rights
questions much more forthrightly than did the previous
government and has been much more open with international
organizations concerned with human rights questions. It
replied publicly to Amnesty International's letters regarding
the military's killing of Tuaregs in Lere and Tonka in May and
July. It has invited the ICRC to observe the situation in the
north and published information about the ICRC's activities.
ICRC representatives are stationed in two northern towns and
are permitted to travel widely. They have visited persons
abducted by rebels and toured all civilian and military
detention facilities in the north. The Government also allowed
the ICRC and the local human rights association access to
members of the former government who were under arrest or being
detained.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Virtually all of Mali's ethnic and language groups are
represented at all levels of government and society, and suffer
little discrimination. The nomad populations are not
completely integrated into the economic and political
mainstream, however, and they resent being politically
dominated by other, more numerous ethnic groups. In April and
May, Tuareg and Maur nomadic groups became the target of ethnic
rioting in Gao and Timbuktu in reprisal for attacks by rebels
on the local population. While there was evidence of
complicity of some elements of the security forces, there were
also eyewitness accounts of police rescuing potential victims.
The Government attempted thereafter to try to reduce
interethnic strife as part of its overall efforts to restore
security in the north. At the end of 1991, tension and racial
polarization remained high throughout the north.
Although the new Constitution reaffirms that there shall not be
discrimination, social and cultural factors place men in the
dominant position in Mali. There are a number of women in the
professions and in important posts in government — three members
of the transitional Government are women — but economic and
educational opportunities for women are limited. Women live
under harsh conditions, especially in the rural areas.
According to a 1991 United Nations report, females in Mali
receive only 29 percent of the schooling of males.
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MALI
Traditional practice and existing Kalian laws place women at a
disadvantage with regard to family and property rights.
However, many newly formed women's organizations began actively
seeking the improvement of women's rights, and many questions
were addressed at the national conference, with the goal of
improving the condition of women.
Violence against women, including wife beating, is accepted in
Malian society, though there are no statistics to indicate how
widespread it may be. The society generally does not tolerate
spousal abuse resulting in physical injury and deals with the
problem informally at the village level; for example, a village
chief may intervene to stop the abuse and punish the
perpetrator. Legal action for redress of injury is not
normally available, although severe physical injury is grounds
for divorce. The issue of spousal abuse was not addressed by
the transitional Government. Many of the new women's
organizations and some independent journals campaign against
female circumcision, which is still a widely accepted practice
in Mali. The transition Government continued radio and
television broadcasts intended to discourage female
circumcision but did not pass legislation prohibiting the
practice.
Section 6 Worker Rights
a. The Right of Association
The new Constitution specifically provides for the freedom of
workers to form or join unions and, unlike the old
constitution, does not limit them to the National Union of
Malian Workers (UNTM) . While most unions are still part of the
UNTM, higher education teachers left the teachers' branch of
the UNTM and created an independent union which has been
officially recognized by the Ministry of Education. The UNTM
was a leading force in the movement that led to the overthrow
of the previous regime. Three of its members, including its
President, now sit on the ruling Transitional Committee for the
People's Salvation (CTSP), though the UNTM has maintained its
independence from the Government .
The new Constitution provides for the right to strike. After
the fall of the previous government, there were several
strikes, some for higher wages, some for improved working
conditions, and some to demand different managers in state
enterprises. These strikes were generally resolved by
negotiations between the labor unions, the new Government, and
the economic entity involved. While strikes were rarely
allowed under the previous regime, the UNTM held a 2-day
general strike in January to demand higher wages and called a
general strike in March to demand the resignation of former
President Traore.
b. The Right to Organize and Bargain Collectively
The change in government reduced some of the constraints on
workers' rights to organize and bargain collectively, notably
by ending the UNTM's legal status as the sole union. Wages and
salaries for those workers belonging to UNTM unions are still
set by tripartite negotiations between the Ministry of Labor,
the labor unions, euid representatives of the federation of
employers of the sector for which the wages are being set .
Workers in some industries also created associations which
started to function like unions to make demands and operate
outside of the tripartite system. The new Constitution does
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MALI
not address the question of antiunion discrimination. No
export processing zones exist in Mali.
c. Prohibition of Forced or Compulsory Labor
The new Constitution prohibits forced or compulsory labor.
Although not sanctioned or upheld by law, debt slavery
reportedly exists in the salt mining communities north of
Timbuktu. Since the change of government in March, however,
many of those treated as slaves have refused to continue
working under those conditions.
d. Minimum Age for Employment of Children
The minimum age for employment is 14, but with parents'
permission children may be apprenticed at age 12. In practice,
many employers ignore this regulation. In addition, children
in rural areas and in the informal sector are not protected by
laws against unjust compensation, excessive hours, and
capricious discharge. The labor inspection service of the
Ministry of Labor is responsible for enforcement of child labor
laws. The law is reasonably effective in the modern sector but
has no effect on the vast number of children who work in the
informal sector .
e. Acceptable Conditions of Work
Mali has a detailed Labor Code specifying conditions of
employment, including hours, wages, and social security
benefits. The legal workweek is 40 hours, with a requirement
for at least one 24-hour rest period. Workers must be paid
overtime for additional hours. There are legal minimum wage
scales, most recently adjusted in 1991, which are supplemented
by a required package of benefits, including social security
and health care benefits. While this could provide a minimum
standard of living if it went to support only one person, most
wage earners support extended families. In addition, most
people work in the informal sector, outside the realm of these
rules and conventions. The Social Security Code provides a
broad range of legal protection against hazards in the
workplace, and workers' groups have put pressure on employers
to respect parts of the regulations, particularly those
affecting personal hygiene. With unemployment high, however,
workers are sometimes reluctant to report violations of
occupational safety. While in theory the labor inspection
service of the Ministry of Labor oversees these standards,
there is limited enforcement due to the lack of inspectors.
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MAURITANIA
The Islamic Republic of Mauritania has been governed since 1984
by the Military Committee for National Salvation (CMSN) under
the chairmanship of Colonel Maaouya Ould Sid 'Ahmed Taya, who is
also Chief of State. The Military Committee functions
nominally as a legislative body under the direction of
President Taya, while the President, assisted by his Council of
Ministers and a few close advisors, wields executive power.
In the latter half of 1991, the Government, in response to
mounting public criticism and international isolation, took
steps to encourage the development of multiparty democracy in
Mauritania. In July a new Constitution was adopted by
referendum, and subsequently ordinances were promulgated
permitting political parties, establishing freedom of the
press, and granting amnesty to all political prisoners. The
President announced that legislative and presidential elections
would be held before April 1992 and promulgated new electoral
laws. Several newly formed opposition parties intend to
contest the elections while challenging the fairness of the
electoral procedures announced to date .
Mauritanian security forces number between 16,000 and 18,000
and include the regular armed forces, the National Guard, the
Gendarmerie (a specialized corps of paramilitary police), and
the police. The Gendarmerie is directed by the Ministry of
Defense, while the National Guard and police come under the
Ministry of Interior. As in previous years, the security
forces continued to be responsible for widespread human rights
violations. The significant difference in 1991 was that, for
the first time, abuses perpetrated by the security forces were
directed in the main at a purge of their own ranks.
Most of Mauritania's 1.9 million inhabitants, either nomadic
herders or settled farmers, live within a subsistence economy.
Mauritania is burdened with numerous long-term economic and
social problems: drought, desertification, insect infestation,
extensive unemployment, rapid inflation, one of the highest per
capita foreign debts in Africa, minimal infrastructure,
inadecjuate health and education systems, and growing
urbanization. Low rainfall levels over the past years have
forced large numbers of nomads into towns, with a consequent
weakening of traditional Maur nomadic culture and a severe
strain on government resources.
Although the military leadership has tried carefully to
maintain control, the reform process shows some promise of
enabling Mauritanians to deal with their economic problems and
ethnic tensions in the future within the framework of a more
open political system. Meanwhile, the actual human rights
situation in Mauritania did not improve in 1991. In fact, the
arbitrary arrest, detention, and torture by the armed forces of
up to 3,000 persons represented a serious human rights
regression. Those arrested (almost exclusively from the black
Mauritanian Halpulaar ethnic groups) were accused of plotting
to overthrow the Government, but none of them was ever charged
with any crime. There is credible evidence that many, if not
all, of the detainees were subjected to harsh interrogation
technicpies and brutal torture, in some cases over a period of 7
months, in order to extract self-incriminating confessions.
Although the Government announced that all detainees were
released by mid-April 1991, approximately 500 remain
unaccounted for and are presumed dead. Of those who survived
the detention and torture, very few have been reintegrated into
the military (or, in the case of civilians, into their former
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MAURITANIA
jobs). On the other hand, the niimber of human rights abuses in
the riverine area bordering Senegal decreased markedly since
late 1990 as a result of a gradually improving political
atmosphere between the two Governments .
Some restrictions on freedom of the press were eased. The
right to a fair public trial, the right of citizens to change
their government, and worker rights remained restricted.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There continued to be a number of extrajudicial killings of
persons, particularly non-Arabic (Hassaniya)-speaking black
Mauritanians . Whereas most of the riverine violence in 1989
and 1990 ■■stemmed from mass expulsions and suppression of
resulting cross-border raiding, the nature of violence changed
substantially in 1991. Most disputes in the riverine area in
1991 arose from arguments over land and property, including
cases of Mauritanian expellees who returned home to find their
belongings had been expropriated.
Also in 1991, security forces continued their occasional
practice of arbitrarily killing non-Hassaniya-speaking blacks,
who make up the majority of the population living along the
Senegal river. For example, in September Mamadou Amadou Watt
was shot to death in his own home, reportedly by a national
guardsman. The victim and the perpetrator reportedly had
earlier disagreed over a bribe that the victim had refused to
pay. No one has yet been charged or arrested in this incident,
which took place in the town of Olologo in the Brakna region.
Although the frecjuency of these types of killings substantially
diminished in 1991, they continued to occur. As in previous
years, there were no reports of government inquiries into the
incidents or any efforts to punish those responsible.
The principal example of extrajudicial killing was the presumed
deaths of approximately 500 largely Halpulaar and Soninke
military and civilian personnel alleged to have attempted to
overthrow the Government. These persons were part of a larger
group — possibly as many as 3,000 — who were rounded up,
detained, and tortured in prison (see Section I.e.). To date
the Taya Government has not provided credible evidence of such
a plot, and critics claim the Government used this charge to
mask a purge of blacks from the military and civil service.
The results of an internal military investigation have not been
made public, and no one has been charged with or faced trial
for the tortures and deaths. It appears that the highest
levels of the military hierarchy — including several members of
the ruling CMSN--were involved and may personally have taken
part in torture or execution. Although two CMSN members were
placed on probation and removed from their commands for 6
months, presumably for their role in the events, they have now
been reintegrated, promoted to full colonels, and given new
responsibilities. Two other high-ranking officials said to be
implicated also received promotions during the year.
Furthermore, some of the officials named to the investigative
board may themselves have been involved in the incidents.
A local press investigation implicated the police in four
suspicious homicides in 1991. The Government has neither
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MAURITANIA
acknowledged these allegations nor taken any measures to
investigate them.
b. Disappearance
It is impossible either to enumerate or confirm instances of
disappearances in Mauritania for the past year. Of the many
(up to 3,000) Halpulaar and Soninke military officers, enlisted
men and civilians who were arrested and tortured in military
custody for involvement in an alleged coup attempt,
approximately 500 never returned to their homes. They are
presumed to have died, although the Government has refused to
confirm this.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Despite the Government's stated opposition to torture and the
legal prohibition against its use, the security forces—^
routinely mistreated persons in custody, particularly political
dissidents and black Mauritanians. Many of the detainees
arrested in the fall of 1990 in connection with the alleged
coup plot were subjected to particularly brutal interrogation
techniques, as security forces attempted to extract
self-incriminating confessions of involvement. According to
those who survived, scores of officers and enlisted men
participated in the mistreatment of prisoners. These incidents
took place in at least a dozen military bases, prisons, and
installations throughout the country.
The forms of torture included beatings, forced feeding of sand,
electrocution, anal rape, burning of genitals, denial of water
and food, and the so-called jaguar technique, in which victims
are bound and suspended upside down while the soles of their
feet are beaten. Prisoners detained at military installations
at Jreida and at Inal, for example, were held in cramped and
unsanitary quarters, denied adequate food and water, chained
for prolonged periods, frequently beaten, and forced to sign
confessions. One survivor from Jreida said that he had been
held in a single large room with roughly 100 other persons.
All prisoners were forced to sit in fixed positions, with
wrists chained to ankles. They were fed small portions of rice
and water twice daily. They had no separate access to toilets,
and as sanitary conditions rapidly deteriorated, many became
ill with beri-beri and other gastrointestinal disorders. This
witness estimated that 15 to 20 of the prisoners with whom he
was confined were taken away and never returned, so he presumed
that they had been killed. Another Jreida survivor stated that
he was held in solitary confinement for many days in a one-room
cell measuring one square meter, so that he was forced to sleep
diagonally with his legs propped against one wall. He received
one piece of bread daily, along with a bowl of rice mixed with
sand.
Survivors from the military facility at Inal, where up to 200
prisoners reportedly died, have said that some of the detainees
there were tied by their testicles to the rear of
four-wheel-drive vehicles and dragged at high speeds through
the desert. Several detainees, including Captain Lome
Abdoulaye, a former senior officer in the Mauritanian Navy,
died as a result of this particular treatment. It was also at
Inal that 28 prisoners were hung simultaneously on November 28,
1990, ostensibly "in celebration" of Independence Day. A
survivor of military custody at Nema stated that his accusers
tied him to a tree, removed his trousers, and tied ropes to his
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MAURITANIA
genitals. They then pulled the ropes tightly each time the
victim refused their demands to confess to involvement in the
alleged coup plot. The same witness said that a senior officer
at Nema tortured another victim by setting him afire. A
survivor of the military installation at N'Beika stated that he
had been buried alive in the sand, threatened with a pistol to
his head, and kicked in the face. This survivor is now blind
in one eye.
In June police officers in Nouakchott used nightsticks to
disperse a peaceful protest by female relatives of those who
had been tortured and killed in prison. Police singled out
Halpulaar women in the crowd, beating and kicking them. As a
result, 10 protesters were hospitalized, 5 with serious head
injuries.
In late June and early July, four members of the Union of
Mauritanian Workers (the national trade union) were tortured
while in police custody. The four had been arrested in the
aftermath of a street fight that broke out on June 28 between
union members and police officers. All four were severely
beaten and subjected to the "jaguar" treatment. One victim
also suffered cigarette burns on his lips and nostrils.
d. Arbitrary Arrest, Detention, or Exile
Although Mauritanian law requires expeditious arraignment and
trial, access to legal counsel, and the right of appeal, these
rights are frecjuently not observed, particularly in cases of
political dissidents or persons suspected on national security
grounds. They are somewhat more often observed in ordinary
criminal cases. The courts are required to review the legality
of a person's detention no more than 72 hours after his or her
arrest. Until recently, however, it was common practice to
detain prisoners incommunicado for prolonged periods without
charging them for any crime and without judicial review.
In late June and early July, security officers arrested several
opposition leaders, including seven prominent members of the
United Democratic Front, a dissident (and then illegal)
organization. These persons were sent into internal exile at
various locations around the country, where they remained in
incommunicado detention for several weeks. They were released
in a general amnesty at the end of July and were never charged
with any crime.
As stated elsewhere, the Government in late 1990 began
arresting non-Hassaniya-speaking black Mauritanians in the
military as well as civilian sectors. By the end of the year,
between 1,500 and 3,000 persons had been arrested and held
incommunicado. More than 300 of the former detainees have been
dishonorably discharged from the military without explanation.
Some also apparently have been denied back pay and other
benefits due them.
In addition to the incidents described above, there continued
to be credible reports in 1991 of arrests, intimidation,
prolonged detention, and expulsion committed by security forces
in communities along the Senegal river.
e. Denial of Fair Public Trial
There are three types of courts: the Shari'a, the special
courts, and the State Security Court. The legal system
functions primarily under the Shari'a (Islamic law). While the
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judiciary is nominally independent, many observers believe that
judges take their cues from the Government when sentencing
opponents of the regime. The Ministry of Justice administers
the Shari'a and selects judicial personnel. The use by Islamic
judges of extreme physical punishments, such as amputations, is
no longer practiced in Mauritania. The Government also is
slowly eliminating a number of unqualified Shari'a judges.
Judges cannot be tenured until they have completed 7 years of
service.
Commercial and banking offenses, traffic violations that cause
bodily harm, and offenses against the security of the state
fall under the jurisdiction of the special courts, which
supposedly render judgments on the basis of laws modeled after
the French example. The effective implementation of justice in
these courts is particularly problematic because the majority
of Mauritanian judges have been trained neither at the
university level nor in the French juridical tradition.
In theory, all defendants, regardless of the court or their
ability to pay, have the legal right to be present with legal
counsel during the proceedings. Defendants may confront
witnesses and present evidence. They may appeal the sentences
of the ordinary courts but not those of the State Security
Court .
Mauritanian law specifies that all persons, including
foreigners, have the right to their property and possessions,
and may be deprived of them only by a court decision. In 1991,
as in previous years, the practice of justice in Mauritania
continued to differ substantially from its theory, particularly
as a result of the wide discretionary powers allowed in
practice to the forces of order in rural jurisdictions and to
the lack of trained public defenders. The right to a fair
public trial was often abused, particularly in the riverine
area.
While it is true that large-scale confiscations and expulsions,
such as those that occurred in the previous 2 years, were not
repeated in 1991, there were nevertheless occasional reports of
extrajudicial deportations by security forces in the riverine
area. None of those expelled had recourse to the courts. In
many cases, the homes and property of deportees were
subsequently expropriated by the Government. The Government
has always maintained that many, if not all, of the persons who
fled or were expelled were in fact Senegalese nationals, and
that their Mauritanian identity documents were fraudulent. As
of late 1991, the Government had failed to set up procedures to
permit access to the courts by expellees who wished to obtain
confirmation of their citizenship and the right to return to
Mauritania. However, in the general context of improving
relations with Senegal, informal arrangements with security
forces resulted in a number of expellees returning home.
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Under Mauritanian law, judicial warrants are recpaired to
perform home searches. This requirement is often ignored in
practice in "national security" cases. There were in 1991
repeated reports of government surveillance of suspected
dissidents. Intimidation and harassment of
non-Hassaniya-speaking black Mauritanians in the Senegal river
valley also continued on a regular basis.
50-726 - 92
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Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Mauritanians in the latter half of 1991 experienced for the
first time limited freedom of speech and press. Ironically,
the new climate of liberalization was an indirect result of the
mass detention, torture, and execution of those alleged to have
plotted to overthrow the Government . As evidence of the
arrests and deaths came to light in early 1991, the Mauritanian
public began to demand an explanation from the authorities.
Wien no such explanation was forthcoming, the public reacted in
a way it had not before: in print. Ant i government tracts,
newsletters, and petitions began circulating in Nouakchott and
other major cities. These were followed by articles in
international magazines and newspapers, as those who had
survived the incidents reported them from abroad. By early
summer, public outrage over the tortures and executions had
reached a fever pitch, and opposition leaders were for the
first time calling for Taya's ouster and a complete reworking
of the political system. In the face of these demands.
President Taya on July 25 promulgated ordinances permitting the
creation of political parties and a free press.
Since that time a lively competition has developed among more
than a dozen weekly papers, all of which have become
increasingly bold at criticizing the Government, particularly
for its perceived insensitivity to, and condonation of, human
rights abuses. The papers have formed an independent press
association, which was successful at heading off censorship of
at least one publication. However, both the press and the
parties operate within tightly circumscribed limits. All
newspapers and political parties must register with the
Ministry of Interior, for example. There is still only one
daily paper, which is published and controlled by the Ministry
of Information. Furthermore, the independent weeklies reach
only a limited audience, not only due to financial constraints
but also because the majority of Mauritanians cannot read.
Access to television and radio, to which large numbers of the
population presumably listen, remains the unique preserve of
the Ministry of Information. However, the Government has
stated it will give the opposition parties radio and television
air time during the electoral campaign.
The regime continued to sanction publishers for any public
conments it considered a threat to state security, particularly
those criticizing the Government's ethnic policies. For
example, the Government halted publication of the August 1991
issue of the magazine Mauritanie Demain, which contained
first-hand accounts of Halpulaars who had survived torture
while in military confinement. In practice, freedom of
expression continues to be restricted. Most Mauritanians
criticize government policies only in conversations with
friends and relatives. Military personnel are under tight
surveillance, and views expressed to military colleagues in
private that could be construed as even mildly critical of the
Government are likely to cause intense interrogation by
military security officers.
b. Freedom of Peaceful Assembly and Association
Although Mauritanian law guarantees the rights of assembly and
association, all political movements and activities had been
prohibited until just recently, and most groups operated
clandestinely or from outside the country. Even under the new
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ordinances legalizing political parties, all groups must be
registered with the Minister of Interior and obtain permission
for large meetings or assemblies. By year's end, the Interior
Ministry had recognized 12 political parties, all of which held
open, regular meetings. Despite some government harassment,
several of the parties also organized large rallies, drawing
thousands of participants. In late November, the Government
was criticized for denying a party permit to a group of
self-proclaimed radical Islamists. The Government justified
its action by citing the new Constitution, which forbids the
establishment of parties based on religion.
c. Freedom of Religion
Islam is the official religion of Mauritania. Virtually all
citizens are Muslim. Mauritanian Muslims are prohibited from
entering non-Islamic houses of worship and from converting to
another religion. Proselytizing by non-Muslims and the
construction of Christian churches and other non-Islamic houses
of worship are prohibited. The Roman Catholic community in
Mauritania has five churches, which operate freely as long as
they restrict their services to resident foreigners.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Traditionally, there have been few restrictions on movement
within Mauritania, where nomadism has long been a way of life.
However, following the rupture of relations with Senegal in
1989 and the attendant violence in the riverine area, local
authorities imposed and enforced at their own initiative
dusk-to-dawn curfews in some villages. This practice continued
in 1991, though on a much-diminished level. Although
Mauritanians since 1985 have not needed exit visas to travel
abroad, there are recurrent reports that some
persons — primarily antiregime activists and
non-Hassaniya-speaking blacks — were- denied passports for
unexplained, and possibly political, reasons.
The 100,000 or more Mauritanian nationals expelled from Senegal
and Mali in 1990 and earlier were largely reabsorbed into
Mauritania through govermnent and private means by the end of
1991. However, as some of them were settled on land belonging
to expelled Mauritanian residents, the seed of future trouble
has been planted if those expelled eventually return.
Approximately 55,000 expelled Mauritanian residents are still
resident in camps in Senegal, awaiting a political settlement
between the two countries which could include terms for
repatriation or indemnification. These refugees, plus an
additional 13,000 Halpulaar refugees in Mali, were expelled
from or fled Mauritania beginning in 1989.
Mauritania has become the refuge for some 18,000 Tuareg and
Maur refugees fleeing from ethnic strife in Mali's northern
regions. They live in camps largely supported by an
international effort led by the United Nations High
Commissioner for Refugees (UNHCR) . Finally, as a result of the
ongoing conflict in neighboring Western Sahara between Morocco
and the Polisario Front, a small number of refugees from the
Western Sahara have settled in Nouadhibou and other northern
towns and have been successfully absorbed into Mauritanian
society.
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Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
In 1991 citizens did not have this right. However, the Taya
Government in the latter part of 1991 took steps in the
direction of a multiparty system, scheduling presidential
elections for January 24, 1992. Legislative elections are to
be held before April 1992. At year's end, all political power
continued to rest in the hands of the military regime.
The Military Committee for National Salvation (CMSN) continued
to wield all executive and legislative functions. Membership
is limited to military officers, who occupy ministerial
positions or important military and security posts. The CMSN
is comprised predominantly of Maurs. Non-Maur membership on
the CMSN and in other senior civilian and military positions
has decreased in the wake of ethnic tensions.
The Government uses a quasi-political organization, the
Structure for the Education of the Masses (SEM), to mobilize
people to carry out local improvement projects, to relay policy
initiatives, and to serve as a channel to discuss grievances.
SEM's are found at all governmental levels down to villages and
neighborhoods. In practice, most significant grievances,
including violence, are discussed at the family, clan, or
tribal level first and passed along to influential governmental
figures of the saune family or tribe. In late 1991, there was
rising public sentiment against the SEM's, which according to
many were a conduit for patronage and election fraud in the
municipal elections held in previous years. Opposition parties
were demanding that the SEM's be dismantled.
The parties criticized the Government for the way it
implemented the new Constitution and for its control of
election planning. The parties also demanded that Taya step
down in favor of a transitional government. Taya made several
unilateral concessions but did not accede to the opposition's
principal demands for a delay of the elections and the
installation of a neutral transition government.
The opposition argued that the new Constitution was neither
drafted in consultation with opposition leaders nor approved by
a majority of the population. The Constitution was adopted in
a controversial July referendum; the opposition disputes the
Government's claims that 85 percent of the population went to
the polls and that 96 percent of those voting favored adoption
of the document. Notwithstanding the complaints about the
electoral process, four persons, including President Taya, are
candidates for the Presidency.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The only officially recognized human rights organization within
the country is the Mauritanian Human Rights League. Many
Mauritanians and international observers no longer consider the
League a viable or independent organization. Not since July
1989 has it publicly commented on or questioned the
Government's human rights excesses. A new human rights
organization is in gestation but had not been legally
recognized by the Ministry of Interior by the end of the year.
In the wake of the 1989 dispute with Senegal and the 1990/early
1991 detentions and deaths, the Taya regime took a defensive
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MAURITANIA
posture toward h\inian rights investigations. It refused to
appoint an independent commission to investigate the incidents,
despite continued pressure from foreign countries and
international nongovernmental organizations. It objected to
the activities of Amnesty International and Africa Watch, both
of which published reports on human rights abuses in
Mauritania. "It also objected to actions by the United States
Government, including the suspension of military assistance and
congressional hearings into the human rights situation in
Mauritania. However, in December, a visiting Mauritanian
presidential counselor invited Amnesty International and Africa
Watch to visit Mauritania to observe the human rights situation
first hand.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Mauritania is situated geographically and culturally on the
divide between traditionally nomadic Arabic (Hassaniya)-
speaking Maurs of the north and the sedentary black cultivators
of the African south. The interaction of these two groups
produces complex cultural diversity as well as ethnic tensions
in Mauritanian society. Historically, the Hassaniya-speaking
white Maurs have dominated the political and economic system.
Taken together, the Hassaniya-speaking black Maurs and
Mauritania's non-Hassaniya-speaking blacks outnumber the white
Maurs by a considerable majority. This racial majority is by
no means cohesive, however, because black Maurs identify in
many ways more closely with the white Maur population. White
Maurs hold the dominant positions in government, state
enterprises, business, and religious institutions, and many
non-Hassaniya-speaking black Mauritanians have long contended
that this situation is a result of ethnic and linguistic
discrimination.
It has been a longstanding policy of the Government to promote
Arabization and the use of Arabic as the country's principal
language. Although French is still widely used as well,
particularly among black Mauritanians, the new Constitution
enacted in July 1991 eliminates French as an official
language. Non-Hassaniya-speaking black Mauritanians also
charge that the Government's 1983 land reform law is
increasingly being misused to allow white and black Maurs to
encroach on fertile land in the Senegal river valley that had
been traditionally their preserve. Mauritania's dry and
inhospitable climate has contributed to the hostile feelings
between livestock raising Maurs and farming blacks. A
decade-long drought has increased the traditional flow of
nomads from the north into the more fertile southern regions,
further exacerbating tensions.
The longstanding ethnic divisions within Mauritanian society
came dramatically to the fore in April 1989. The events of
that period resulted more from an eruption of underlying ethnic
hostilities than from officially sanctioned government policy.
However, the extrajudicial expulsions that followed were
clearly based on ethnicity. Only non-Hassaniya-speaking blacks
were deprived of citizenship and deported. The resulting
cross-border raids were thus carried out by non-Hassaniya-
speakers, and security force reprisals were therefore directed
solely against these groups.
Theoretically, women have legal rights to property, divorce,
and child custody. In practice, both marriage and divorce can
take place without the woman's consent. Although there is a
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MAURITANIA
somewhat lower percentage of women than men educated at the
university level, there are no legal restrictions on education
for women. Women do not wear the veil, may operate
automobiles, and may own and manage their own businesses. The
Government is encouraging the entry of women into the
professions, government, and business, and a number of women
have moved into senior or midlevel government positions in
recent years. In late 1991, there were two women at the
highest levels of government: the Assistant Director of the
President's Cabinet and an Advisor to the President. However,
many Mauritanian women feel that these positions are more
symbolic than substantive.
The Government has been instrumental in opening up new
employment opportunities for women in areas traditionally
reserved for men, such as hospital work. According to
Mauritanian law, men and women must receive equal pay for equal
work; Mauritania's two largest employers, the Civil Service and
the State Mining Company, SNIM, respect this law.
Violence against women occurs, but no data exist to indicate
its extent. The police and judiciary have been known to
intervene in domestic disputes, but only recently has the
Mauritanian media begun to investigate this. The Government
has taken no position nor issued any statements on violence
against women or on female genital mutilation (circumcision), a
tradition in some areas of southern Mauritania where the most
dangerous form, inf ibulation, is practiced. This custom is
seldom, if ever, practiced in the north, and some evidence
indicates that the incidence of female circumcision is
diminishing in the modern, urbanized sector.
Section 6 Worker Rights
a. The Right of Association
Workers are free to establish unions at the local and national
level. There are currently 36 trade unions in the country.
All, however, must be affiliates of the Union of Mauritanian
Workers (UTM) , by law the country's only central labor body.
The UTM's traditional independence from the Government was
broken in 1991 when its leadership, responding to members'
anger at the continued detention of military prisoners, called
an unsuccessful general strike. Through a combination of
strong-arm tactics, co-optation, and successful inside
maneuvering, the Government undercut the union leadership,
discredited the strikers, and installed a tame replacement UTM
leadership. UTM members arrested after street fighting in June
were tortured (see Section I.e.).
Although Mauritanian law grants workers the right to strike, in
practice strikes rarely occur, due to government pressure.
Under Mauritanian law, tripartite arbitration committees,
composed of union, business, and government representatives,
may impose binding arbitration that automatically terminates
any strike.
b. The Right to Organize and Bargain Collectively
Unions are free to organize workers without government or
employer interference. According to the UTM, close to 90
percent of industrial and commercial workers in Mauritania are
members of unions. The laws providing workers' protection
against antiunion discrimination are regularly enforced. True
collective bargaining is limited by the Government ' s leadership
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MAURITANIA
role. Wages and other benefits are decided informally between
individual unions, employers, the Government, and the UTM. In
addition, employees or employers may bring labor disputes to
three-person labor courts that are overseen jointly by the
Ministries of Justice and Labor. Labor leaders regard these
courts as unbiased and effective. There are no export
processing zones in Mauritania.
c. Prohibition of Forced or Compulsory Labor
Slavery was officially abolished in Mauritania several times,
most recently in 1980, but many persons whose ancestors were
slaves still occupied positions of servitude in 1991. This was
due in part to the economic hardships they would have
encountered if they had left. However, in some areas persons
were sometimes held against their will and forced to perform
unpaid labor. Human rights organizations claim that slavery
persists and charge that the Government has taken no
significant practical steps to eradicate the practice. Several
reports indicated that some instances of forced labor involved
young children.
d. Minimxim Age for Employment of Children
Education is not compulsory in Mauritania, but Mauritanian law
specifies that no child may be employed before the age of 13 in
the agricultural sector without the permission of the Minister
of Labor, nor before the age of 15 in the nonagricultural
sector. The law provides that employed children aged 14 to 16
should receive 7 percent of the minimum wage, and those from
17 to 18 should receive 90 percent of the minimum wage. There
is limited enforcement of child labor laws by the few
inspectors in the Ministry of Labor. In practice, much younger
children in the countryside pursue herding, cultivation, and
other significant labor in support of their families'
traditional activities. In accordance with longstanding
tradition, some children serve apprenticeships in small
industries, but overall, child labor in the nonagricultural
sector does not appear to be widespread.
e. Acceptable Conditions of Work
The guaranteed minimum wage for adults was raised at the end of
1991 but even so it barely enabled the average family to meet
its minimum needs. The standard, legal nonagricultural
workweek in Mauritania cannot exceed either 40 hours or 6 days
without overtime compensation, which is paid at rates that are
graduated according to the number of supplemental hours
worked. Reliable data on actual wage levels is scarce.
Enforcement of the labor laws is the responsibility of the
Labor Inspectorate of the Ministry of Labor but in practice is
limited by the shortage of qualified personnel.
In April 1990, the Senegalese Confederation of Workers (CNTS)
submitted a representation to the International Labor
Organization (ILO) , charging the Government of Mauritania with
violating several ILO conventions. The CNTS detailed the
Government's "deportation and banishment of its own black
African citizens" and specified numerous sectors in which
significant numbers of non-Hassaniya-speaking blacks were
dismissed without cause and, in many cases, deprived of basic
rights.
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Mauritius, a parliamentary democracy and a member of the
Commonwealth of Nations, is governed by an elected prime
minister, a council of ministers, and a legislative assembly.
In December the Legislative Assembly voted to change Mauritius'
status within the Commonwealth, effective March 12, 1992.
Under the amended Constitution, a Mauritian-born president
nominated by the Prime Minister and confirmed by the Assembly
will replace the British Monarch as Head of State. Like the
Governor General under the previous system, the President's
powers will be largely ceremonial. Fair and orderly elections,
supervised by an independent commission, at national and local
levels take place at regular intervals. There are four major
political parties, which reflect a range of ideological views,
and several smaller parties. Prime Minister Anerood Jugnauth's
current coalition received a broad mandate in general elections
in September .
A paramilitary Special Mobile Force of some 1,200 men and a
240-man Special Support Unit are responsible for internal
security. These forces, under the command of the Commissioner
of Police, are largely apolitical, well trained, and backed by
a general duty police force of approximately 4,000 men.
The economy is based on export-oriented manufacturing (mainly
textiles), sugar, and tourism. The rapid economic growth of
the mid-1980 's has slowed as a result of labor shortages. The
Government, with the help of international donors, is
attempting to diversify the industrial base to favor high
technology, capital-intensive production.
The Government generally continued to demonstrate respect for
basic human rights. Political and civil rights, including the
freedoms of speech and press, are protected under the
Constitution and respected in practice. The Prime Minister
established the Garrioch Committee in 1990 to conduct an
independent review of several controversial laws generally
considered to be repressive, specifically the Public Order Act
(POA), which permits detention without charge or trial, the
Industrial Relations Act (IRA), which limits the right to
strike, and the Newspapers and Periodicals Act, which makes it
illegal to publish false news. By the end of 1991, the
Committee had completed its report to the Government on all
legislation but the IRA.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of government-inspired political or
extrajudicial killings.
b. Disappearance
There were no reports of the disappearance of persons for
political causes.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture and inhuman punishment are prohibited by law, and there
were no reports of degrading treatment or punishment. There
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MAURITIUS
have been several allegations in the media of police
mistreatment of suspects, but follow-up investigations failed
to confirm any abuses.
d. Arbitrary Arrest, Detention, or Exile
Under the Constitution, detained persons have the right to a
judicial determination of the legality of their detention.
Although the time limit for making this aetermination is not
specified in law, in practice it is usually made within 24
hours. Bail is commonly granted. The Public Gathering Act
(PGA), which replaced the Public Order Act based on
recommendations from the Garrioch Committee, no longer allows
for indefinite detention without charge or trial.
Exile is legally prohibited and not practiced.
e. Denial of Fair Public Trial
Mauritius' judicial system, modeled on that of Great Britain,
consists of the Supreme Court, which has appellate powers, and
a series of lower courts. Final appeal may be made to the
Queen's Privy Council in the United Kingdom and is routinely
made in the cases of death sentences. About 50 percent of
Supreme Court rulings referred to the Privy Council are
reversed. There are no political or military courts.
The Governor General (as of 1992 the President), in
consultation with the Prime Minister, nominates the Chief
Justice and, in consultation with the Chief Justice, nominates
the senior puisne (associate) judges. The Governor General
nominates other judges on the advice of the Judicial and Legal
Service Commissions. The legal system has consistently
provided fair, public trials for those charged with crimes.
Defendants have the right to private or court-appointed
counsel. The judiciary is also charged under the Constitution
with ensuring that new laws are consistent with democratic
practice.
Recently several prominent legal specialists have been critical
of government interference in the judicial process and have
warned against undermining the independence of the judiciary.
In particular, this criticism coincided with the Government's
handling of the Boodhoo and Ballah cases. (In the 1989 arrests
of Harish Boodhoo, the well-known leader of the Mauritian
Socialist Party (PSM), and Vedi Ballah, the editor of the PSM
newspaper. The Socialist, the authorities held them for 3 weeks
and 1 week respectively before bail was granted. They were
charged under the now defunct Public Order Act with giving out
false information that could cause a public disturbance.)
There were no political prisoners in Mauritius at year's end.
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The sanctity of the home is guaranteed by law and generally
respected in practice. The search of personal property or
premises is allowed only under clearly specified conditions by
court order or by police decision if an illegal act has been
committed. There have been credible reports that the
Government's intelligence apparatus occasionally opens mail and
carries out surveillance of local opposition leaders and other
major figures.
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MAURITIUS
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press is protected by the Constitution
and local tradition and is generally respected in practice.
Debate in the Legislative Assembly is lively and open. Sixteen
privately owned daily, weekly, and monthly newspapers present
varying political viewpoints and freely express partisan
views. However, newspapers are subject to the legal
constraints of libel laws, vrtiich, under the 1984 Newspaper and
Periodicals (Amendment) Act, can be used by the Government to
limit press criticism, as was done in the Boodhoo and Ballah
cases .
The Government owns the two television and three radio stations
(one strictly educational), which broadcast in 12 languages and
dialects. Television and radio tend to reflect government
editorial and programming policies. Opposition politicians
have accused the Broadcasting Corporation of political bias in
its local news coverage. The political opposition successfully
challenged the television stations to permit its candidates
programming time on the eve of general elections in September.
b. Freedom of Peaceful Assembly and Association
Mauritians enjoy the right to form associations, including
political parties, trade unions, and religious organizations,
although in practice all such organizations need government
approval in order to operate officially. Mauritius has a
multitude of such private organizations. Political, cultural,
and religious assemblies are commonplace.
Although police permission is required for holding
demonstrations and mass meetings, such permission is rarely
refused. Registered political parties and alliances held
numerous public rallies in the leadup to general and municipal
elections in September and October. All rallies were peaceful.
c. Freedom of Religion
There is no state religion in Mauritius. Hindus are a
majority, but Christians, Muslims, Buddhists, and others openly
practice, teach, and proselytize their religions without
prejudice. All religious institutions receive state subsidies
in proportion to their memberships. There is no
state-sponsored discrimination against any ethnic or religious
community. The Government facilitates the travel of Mauritians
who make the hajj. Foreign missionaries are not allowed to
enter the country without a prior request from a local
religious organization.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on freedom of movement within the
country. Foreign travel and emigration are also unrestricted.
However, there is no blanket guarantee of repatriation, and
there are no general criteria for processing repatriation
applications. Applications from Mauritians abroad who lost
their citizenship after acquiring a second nationality
(estimated to be several thousand) are handled on a
case-by-case and sometimes arbitrary basis. This remains an
issue of political debate as more Mauritians abroad seek to
reclaim their Mauritian citizenship.
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MAURITIUS
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens have the right and ability to change their government
through democratic means. Mauritius is governed by a freely
elected, unicameral Legislative Assembly, with executive
direction coming from a Council of Ministers, currently headed
by Prime Minister Sir Anerood Jugnauth, whose Alliance
coalitions won elections in 1983, 1987, and 1991. The Governor
General has the right to desigiiate the person charged with
forming a new government following parliamentary elections or
in a parliamentary crisis. Parliamentary, municipal, and
village council elections are held at regular intervals. All
citizens 18 years of age and over have the right to vote and
run for office.
In the Legislative Assembly, up to 8 members are appointed
through a complex "best loser" system designed in part to
ensure that all ethnic groups are adequately represented. The
governing (three-party) Alliance coalition now controls 59 of
the 66 seats. The four major political parties and the smaller
parties often match the ethnicity or religion of their
candidates to the composition of particular electoral
constituencies.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged violations
of Human Rights
Several local human rights groups monitor developments without
governmental restriction. There have been no known requests by
international organizations to investigate human rights
violations in Mauritius.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Although Mauritius has a Hindu majority, the covintry's active
press and strongly egalitarian traditions mitigate against
discrimination in all forms. However, tensions based on
ethnicity and caste do exist.
Traditionally, women in Mauritius have occupied a subordinate
role in society, but the Government has tried to promote
equality by eliminating various legal restrictions, e.g., in
laws dealing with emigration and inheritance and, in 1990,
removing a legal bar to women serving on juries. Also, in 1989
the Government appointed "equal employment opportunity
officers" in the major ministries to oversee women's activities
and to ensure the promotion of women's interests. Nonetheless,
women still cannot transmit citizenship to their foreign-born
children, and foreign husbands of Mauritian women cannot .
automatically obtain residency and work permits (as can foreign
wives of Mauritian men) . Women still face de facto
discrimination, including in education. For example, women are
discouraged from studying traditionally male-dominated fields
such as engineering, medicine, and law.
According to the Ministry of Women's Rights and Family Welfare,
physicians, attorneys, and religious and charitable
organizations, violence against women is prevalent, although no
reliable statistics have been gathered. There are no special
provisions in Mauritian law concerning family violence. Police
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authorities are generally reluctant to became involved in cases
of wife beating. In June 1989, the Ministry of Women's Rights
and Family Welfare established a family counseling service,
managed by the National Council of Women, one of whose
principal tasks is to provide counseling and legal advice in
cases of spousal abuse. Also, a Mauritian nongovernmental
organization, S.O.S. Women, has recently been launched. (See
Section 6.e. concerning wage inequalities.)
Section 6 Worker Rights
a. The Right of Association
Mauritius has an active trade union movement. Almost 300
unions represent about 110,000 workers, more than one-fourth of
the work force. Of the 300 unions, 110 have less than 50
members. Unions are free to organize workers in all sectors,
including the export processing zone (EPZ) which employs about
90,000 workers, but in practice there are a variety of
constraints under the 1973 Industrial Relations Act (IRA), such
as the need to get government approval to register new unions.
Unions have also been deregistered in the EPZ in recent years.
Less than 10 percent of EPZ workers are believed to be
unionized. Unions can press wage demands, establish ties to
domestic political parties and international organizations, and
address political issues. Three of the five trade union
activists who ran in the August 30, 1987, general elections
were elected to the Legislative Assembly on the government
slate.
In theory, unions have the right to strike. However, in labor
disputes, the IRA requires a prestrike 21-day cooling-off
period followed by binding arbitration, which has the effect of
making most strikes illegal. Participation in a strike not
approved by a court is sufficient grounds for dismissal.
Refusal to follow IRA procedures during a mid-1988 textile
plant strike led to the imprisonment of three union leaders for
several days and in 1990 to the firing of 14 strike leaders of
the Central Electricity Board Staff Association and the calling
in of the Special Mobile Force to operate the power stations.
There were no significant strikes in 1991.
b. The Right to Organize and Bargain Collectively
While the right of association is guaranteed by law, the
collective bargaining process has been distorted in Mauritius.
The IRA addresses collective bargaining and allows it in
theory, but in practice its provisions for establishing wages
bear little resemblance to the traditional collective
bargaining process, and the Government's restraints on that
process render it ineffective.
The Government has established a National Remuneration Board
(NRB) whose chairman is appointed by the Minister of Labor.
The NRB establishes minimum wages for 26 categories of private
sector workers (sugar, tea, transport, etc.) which apply
equally to workers in the EPZ. Although originally established
to set minimum wages for nonunion workers, the NRB has
broadened its powers and now issues remuneration orders that
establish minimum wages, bonuses, housing and transportation
allowances, and other benefits for almost all private sector
workers. About 85 percent of all private sector workers
(including unionized workers) are covered by NRB orders.
Employers and unions are free to negotiate wages and benefits
above the minimums established by the NRB, but this is rare.
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MAURITIUS
NRB remuneration orders set minimum wages by sector but also
establish a wage structure based on length of service and job
classification. NRB orders thus set wages for skilled and
experienced workers whose earnings are well above the minimum
wage. Wages and benefits for civil servants are established by
the Pay Research Bureau (PRB) which prepares a wage scale for
the civil service each year on the basis of the annual
Chesworth Report recommendations.
The Government has also established a tripartite committee,
including employer and trade union representatives, which meets
once a year and is chaired by the Minister of Finance. It can
recommend only wage increases based on inflation. Its
recommendations are not always unanimous, however, and the
Government makes the final decision based on all the
information it receives.
The International Labor Organization (ILO) Committee of Experts
(COE) noted again in 1991 that the IRA does not give workers'
organizations sufficient protection against acts of
interference as provided for by ILO Convention 98 on the right
to organize and collective bargaining. The Garrioch Committee
continued to review throughout 1991 the IRA, but it had not
reported its recommendations by the end of 1991.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by law and not
practiced. However, under the IRA, the Minister of Labor can
refer industrial disputes to compulsory arbitration,
enforceable by penalties involving compulsory labor
provisions. The COE has criticized this as being in conflict
with ILO Convention 105 on forced labor.
d. Minimum Age for Employment of Children
The minimum work age for employment of children is 15. The
Ministry of Labor is responsible for enforcing child labor
laws. In practice, there is minimal enforcement of these
laws. While there are cases of children below 15 working
illegally in the EPZ, the large, established EPZ factories do
not hire children under 15. In fact, it is unusual to see
employees much younger than 18. Education is compulsory and
strictly enforced through age 12.
e. Acceptable Conditions of Work
Minim\im wages are legislated, differing along employment sector
and gender lines. Women are paid less in the agricultural
sector on the assumption that their productivity is lower in
this physical, labor-intensive work. In the EPZ, the minimum
wage is equal for men and women. Conditions of employment,
including wage and leave conditions, are generally sufficient
to afford an acceptable standard of living for workers in the
agricultural, service, and manufacturing sectors. However, the
current statutory rate paid for unskilled labor is barely
sufficient to provide a worker with a minimum standard of
living, and much depends on the additional benefits offered.
The Government mandates minimum wage increases each year based
on inflation.
A maximum workweek of 45 hours is allowed, but excessive
overtime continues to be a problem in the EPZ. Following
complaints that EPZ employers imposed long hours of overtime on
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MAURITIUS
employees — about 10 to 20 hours per week, making for a 55- to
65-hour workweek — the Government established a committee to
address these issues, but by the end of 1991 it still had
issued no report. In addition, some EPZ employers still
require women to work at night.
The Government sets health and safety standards, and conditions
are inspected by Ministry of Labor officials. Enforcement is
minimal and ineffective due to the small number of inspectors.
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MOZAMBIQUE
In 1991 Mozambique continued to be governed by President
Joaquim Chissano and menibers of the National Front for the
Liberation of Mozambique (FRELIMO) . The secret-ballot,
multiparty elections called for in the 1990 Constitution were
postponed, pending the outcome of peace talks in Rome between
the Government and the insurgent Mozambican National Resistance
(RENAMO). The Government passed legislation in 1991 governing
the new, multiparty system and, by year's end, 14 new political
parties had formed and held public meetings. Only FRELIMO,
though, had officially registered. At its Sixth Party
Congress, FRELIMO formally adopted social democracy as the
party's philosophy, replacing Marxism-Leninism, and held its
first secret-ballot elections for party leadership.
Since the late 1970 's, the Government has been under attack
from RENAMO, which is estimated to have as many as 20,000 men
under arms. Peace talks between the Government and RENAMO
began in mid-1990 under Italian mediation and were still under
way at year's end. Sporadic fighting, however, continued
between the Armed Forces of Mozambic[ue (FAM) and RENAMO in all
of the country's 10 provinces, including attacks on the
outskirts of the capital, Maputo.
The security forces include the 60,000 FAM soldiers, a people's
militia, and, until mid-1991 when it was abolished, the
Mozambican National Security Service (SNASP), which in the past
had been frequently charged with human rights abuses. In
September the President signed legislation creating a new
security force, the State Information and Security Service
(SISE). Several top officials of the former SNASP were
assigned to other government departments. Unlike its
predecessor, the new organization does not have the power to
arrest and detain suspects, and the Government's declared
intent is to limit SISE to legitimate intelligence and security
functions. At year's end, it was too early to evaluate SISE's
human rights record.
Approximately 80 percent of the population is employed in
agriculture, mostly on a small-scale, subsistence level. Major
sources of foreign exchange are seafood and agricultural
products, especially cashews, tea, sugar, and cotton. The
Government continued its efforts to move to a market-oriented
economy, but growth was extremely poor for the second year in a
row. Continued attacks by RENAMO on economic targets severely
hampered production and internal trade; approximately 5 million
people — a third of the nation's population — are thought to be
dependent on international food aid.
Human rights abuses continued in 1991, with the most blatant
arising out of the continuing civil conflict. Widespread
reports detailed massacres directed against civilians,
kidnapings, torture, and looting. RENAMO was responsible for
the vast majority of these atrocities, but government forces
also committed serious abuses. Other major human rights
problems included harsh prison conditions; the use of
arbitrary, incommunicado detention, especially by the SNASP;
incidents of military indiscipline and harassment of civilians;
forced recruitment; and citizens' inability to change their
government .
The new Constitution represented a major step toward
safeguarding basic rights, but it also contains a number of
qualifying clauses which subordinate the new freedoms to
"national security" and "foreign policy interests." By the end
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MOZAMBIQUE
of 1991, it was unclear how the Government would implement key
provisions of the Constitution and a series of new laws enacted
in 1991 governing press, nationality, and labor. However, as
political parties were allowed to form and meet without
government intervention and labor disputes were being aired
publicly, people were increasingly confident and willing to
voice dissenting views, criticize government actions past and
present, and openly challenge FRELIMO/government orthodoxy.
The success of the new Constitution and a multiparty system
will depend heavily on resolution of the conflict with RENAMO,
which has long demanded the establishment of a multiparty
system but denounced the Government's unilateral implementation
of the Constitution and legislation on political parties.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from
a. Political and Other Extrajudicial Killing
There were no known or suspected cases of the Government
targeting persons for political killings in 1991. Both sides
were responsible for the deaths of civilians in the course of
the civil war, with the great majority of the killings
attributed to RENAMO forces (see Section l.g.).
b. Disappearance
There were no reports of government-perpetrated
disappearances. However, thousands are missing due to the
conflict, often as a result of kidnapings in areas affected by
the war. RENAMO, in particular, regularly holds civilians
against their will, often employing them as porters or forcibly
impressing them into their military forces.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment of Punishment
The new Constitution expressly prohibits torture. During the
prosecution of the war, however, both government and RENAMO
forces tortured prisoners and civilians. There were numerous
reports that government troops and security personnel beat and
extorted money from civilians. Several soldiers were convicted
for such crimes in 1991 and sentenced to prison terms, fines,
and expulsion from the armed services. RENAMO 's attacks on
civilians continued unabated in 1991. According to many
reports, RENAMO beat and mutilated people and forced family
members to witness or participate in the torture of their
relatives. Former RENAMO soldiers claimed that threats of
beating, torture, and execution were used to keep coerced
recruits from escaping.
Prison conditions remained very poor. For example, the local
press reported three persons in the Beira jail died in July as
a result of diseases caused by contaminated food; further, the
jail, which has a capacity for 70 inmates, was holding 216 at
one point. Since 1988 the Government has allowed international
human rights groups access to prisons where national security
prisoners (mainly RENAMO soldiers and sympathizers) are held,
both those already convicted and those awaiting trial. In past
years, there were reliable reports of torture, including
beatings, submersion in water, deprivation of food and sleep,
and prolonged isolation. It is not known to what extent these
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MOZAMBIQUE
cJbuses occurred in 1991, but instances of torture by security
police have reportedly declined sharply since 1988.
d. Arbitrary Arrest, Detention, or Exile
The law requires that most detainees be charged or released
within 30 days. However, persons accused of the most serious
crimes, i.e., security offenses or those requiring a sentence
of more than 8 years, may be detained for up to 84 days without
being formally charged or investigated. With court approval,
such detainees may then be held for two additional periods of
84 days while the police complete their investigation. While
detained persons have the constitutional right to counsel and
to contact relatives or friends, this right is often not
respected. In some cases, detainees may be released from
prison while the investigation proceeds, but the bail system in
Mozambicjue remains ill-defined. The law provides that if the
prescribed period for investigation has been completed and no
charges have been brought, the detainee must be released. In
practice, however, this law is often ignored, in part because
of the severe lack of administrative personnel and trained
lawyers to monitor the judicial system, and in part because
citizens are often unaware of their rights, particularly those
granted under the new Constitution, and do not demand them. As
a result, there continued to be throughout 1991 a large backlog
of prisoners awaiting trial, despite reported government
efforts to speed up pretrial investigations. Detainees often
spend many months, even years, in pretrial status.
The SNASP, abolished in September, had broad powers to arrest
persons accused of political and economic crimes against the
State, such as espionage or sabotage. It often used these
powers arbitrarily, mainly against anyone suspected of
sympathizing with RENAMO, and held detainees indefinitely,
often incommunicado. Its successor, the SISE, no longer has
this power. In theory, security detainees now have the same
legal rights as ordinary criminal detainees.
The number of political detainees awaiting trial, as
distinguished from those who had been convicted, was unknown at
year's end. There were an estimated 700 security prisoners at
the end of 1990; that figure was thought to be lower in 1991,
though no concrete data were available. It is unknown how many
of these were awaiting trial. Most of those being held are
accused of sympathizing with, or committing crimes on behalf
of, RENAMO.
In June and July, 21 persons were arrested for allegedly
attempting to overthrow the Government. Two of the suspects
were released shortly after their arrest, and three more were
released in September for lack of evidence. The Attorney
General said the State would ensure a fair and legal trial.
The new Constitution expressly prohibits the expulsion of any
Mozambican citizen.
e. Denial of Fair Public Trial
Mozambique has two complementary justice systems: the
civil/criminal, which includes customary courts, and the
military justice system, both under the administration of the
Ministry of Justice. At the apex of both systems is the
Supreme Court. Military courts, including brigade courts and
provincial military courts for specified military-related
crimes, are administered jointly with the Ministry of Defense.
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MOZAMBIQUE
Crimes committed by senior military officials are handled
directly by the Supreme Court. Appeals, including military
cases, may be made to the Supreme Court, where two judges are
designated to handle military matters.
Since the establishment of the Supreme Court in 1988 and the
abolition of the Revolutionary Military Tribunal, persons
accused of crimes against the State are tried in common
civilian courts under standard criminal judicial procedures.
For example, persons arrested in July for allegedly attempting
to overthrow the Government are being tried in civilian
courts. Although all accused persons are in theory presumed
innocent and have the right to legal counsel and the right of
appeal, these rights are not always applied. A judge may order
a trial closed because of national security interests or to
protect the privacy of the plaintiff in cases concerning rape.
Trials in the regular civil and criminal court system are
generally public and fair, but the entire process suffers
severely from the Government's inability to reduce a large
backlog of cases.
In addition to the regular courts at the provincial and
district levels, there are customary courts at the local level
which handle matters such as estate and divorce cases. The
proceedings are usually conducted in public by a trained
representative of the Ministry of Justice, assisted by two or
four popularly elected lay judges instructed to exercise common
sense and to apply locally accepted principles.
The 1990 Constitution establishes an independent judiciary and
provides for the selection of judges by other jurists,
replacing the prior system of administratively appointed
justices. Under the new Constitution, the President appoints
seven members of the Supreme Court, including the Chief Justice
and Assistant Chief Justice, from career jurists. An
additional 9 to 18 "citizen judges" are elected by the National
Assembly. The practical impact of these and projected changes
on the independence of the judiciary remains to be tested.
Several of the new political parties continued to maintain that
the Government was still holding political prisoners as well as
operating reeducation camps, although no new evidence emerged
in 1991 to support those claims. The Government continued to
deny the charges and said that all political prisoners have
either been granted amnesty, pardoned, or were dead.
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Despite provisions for privacy in the new Constitution, in
areas of active insurgency homes are entered at will by
security and police forces. Civilians living in these areas
are often forced to move to government-protected villages. The
population concentrated in the secure villages suffers from
malnutrition, disease, and high mortality rates.
It is widely assumed that surveillance devices are employed to
monitor local and international telecommunications systems and
that mail is periodically inspected, even though the new
Constitution expressly prohibits such surveillance.
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MOZAMBIQUE
g. Use of Excessive Force and Violations of Humanitarian
Law in Internal Conflicts
Both government (FAM) and RENAMO forces were again responsible
for violations of humanitarian law in 1991, although RENAMO
abuses continued to be much more widespread and systematic.
Attacks against civilians were reported frequently, and, given
the remoteness of much of the countryside, many more attacks
undoubtedly went unreported. Since it began in the late
1970 's, the conflict is estimated to have cost approximately
500,000 lives and left millions of Mozambicans homeless and
living on the edge of starvation.
There is no estimate of the number of killings in 1991 by
government forces, but there have been credible reports,
including allegations by refugees, of abuses by government
forces. According to press and eyewitness reports, government
soldiers regularly attacked residents of Matola-Rio, killing
and torturing many persons and looting property. In another
incident, security forces shot into a crowd of citizens during
a protest in Sofala province over the payment of salaries,
wounding three adults and killing a child. There were also
numerous complaints of forced recruitment by government troops.
Senior officials repeatedly urged the security and military
forces to respect the population, and in some cases legal
charges were brought against undisciplined soldiers. In one
such case, a military court sentenced two officers to 12 and 15
years in prison, respectively, for killing a civilian accused
of being involved with RENAMO. In 1991, 66 police were brought
before an internal commission of the police department for
crimes ranging from attacks on citizens to theft. According to
the Government, 46 of these police had been disciplined or
expelled from the force. The others were still being
investigated.
Atrocities by RENAMO are well documented; the rebel group
continued to execute or kidnap noncombatants after attacks on
villages, often hacking or burning people to death and later
displaying body parts, apparently to intimidate would-be
resisters. For example, such atrocities were widely reported
in national and international media after RENAMO overran the
the town of Lalaua in Nampula province in August. There were
numerous other such abuses during the year. RENAMO also
continued to forcibly impress civilians, including children,
and to attack relief convoys, health workers, and clinics. By
year's end, allegations of armed attacks by both RENAMO and FAM
on refugee camps in Malawi were a growing concern.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The new Constitution provides for freedom of expression and the
press, but it also permits the Government to restrict these
freedoms for various reasons, including national defense
considerations. The new press law holds that, in cases of
defamation against the President or ambassadors accredited to
Mozambique, truth is not a sufficient defense. Criticism of
these persons, however, is not prohibited. In practice, there
was increased freedom of speech with the advent of several new
political parties. Some political opposition leaders voiced
harsh public criticism of the one-party political system, and
there was more open discussion within FRELIMO at its party
congress.
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MOZAMBIQUE
There is no formal prior press censorship in Mozambique.
However, many journalists have stated that they are held to
unwritten and sometimes vague guidelines by their media
directors, who are, in turn, appointed by the Government. The
journalists claim that this encouraged self-censorship.
In general, press freedom improved in 1991. According to media
sources, official interference was almost nonexistent by year's
end. The media ran stories on corruption, official
incompetence, and incidents of military and police abuse of the
civilian population. Journalists stated publicly that they had
received death threats from the military to stop stories on
army press-ganging but were apparently not intimidated and
continued to report the story. Editorials and commentaries
rarely criticized FRELIMO and never directly criticized the
President. However, the press reported, in full and without
penalty, strong criticism of FRELIMO and the Government by the
new political parties.
All mass media, including radio and television, are owned by
the Government, except for one privately owned newsmagazine.
The National Organization of Mozambican Journalists declared
its independence from FRELIMO in 1991. It lobbied vigorously
for a less restrictive press environment and pressed the
Government for a liberal interpretation of the new press law.
This new law permits private media and allows private
investment in state-owned media. Foreign journalists are
welcome, and foreign radio broadcasts and television are
received without interference.
No formal restrictions on academic freedom exist, but in
practice teachers are subject to the same self-censorship as
the media.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association. Legislation enacted in 1991 set up guidelines for
registering as a political party, as well as for holding public
demonstrations (see Section 3). Opposition political groups
met during the year and held congresses and press conferences
with no government interference.
While the requirements for holding public demonstrations are
not onerous, the Government's overly strict application of the
rules made it difficult for some groups to exercise this
right. The Government halted or prohibited several public
demonstrations on technical grounds. Some FRELIMO party
officials have defended this approach, insisting that security
concerns take precedence over freedom of assembly.
c. Freedom of Religion
Both the original and the new Constitutions mandate strict
separation of church and state and provide for the freedom to
"practice or not practice a religion." The Government does not
require religious organizations or missionaries to register,
and foreign missionaries are readily granted visas. The new
Constitution gives religious institutions the right to own
property and allows private entities, including presumably
religious institutions, to operate schools.
Relations between the Government and religious organizations,
tense in the early years after independence, continued to
improve in 1991. The Government agreed in principle to return
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MOZAMBIQUE
many properties expropriated from religious organizations in
the post independence period, and some property was returned in
1991.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The new Constitution provides for freedom to travel within the
country and abroad and prohibits exile or revocation of
Mozambican citizenship for political reasons. The Government
no longer requires citizens to obtain permits from local
authorities in order to travel throughout the country.
Citizens in insecure areas are often forced to move to
governnient-protected villages.
Given the civil conflict, there are few refugees from other
countries in Mozambique. At the end of 1991, only 358 refugees
received assistance from the United Nations High Commissioner
for Refugees (UNHCR) with the full cooperation of the
Government. There were no reported cases in which refugees
were forced to return to countries where they have a
well-founded fear of persecution.
There are an estimated 1.4 million internally displaced people,
living mainly in displaced persons camps scattered throughout
the country. In these camps, they receive emergency aid from
the Government and from the international community. Over 1.5
million Mozambicans have left their homes for refuge in
neighboring countries. Over half have gone to Malawi, others
to South Africa, Zimbabwe, Tanzania, Zambia, and Swaziland.
The Government readily accepts and aids repatriates; in recent
years, an estimated 234,000 have returned on their own
initiative, or through UNHCR voluntary repatriation programs
coordinated with neighboring governments. Outflow, however,
still exceeds repatriations.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens did not have the ability to change their government in
1991. Although the 1990 Constitution provides for multiparty
elections, RENAMO and most of the new opposition parties
indicated that they would, not participate in elections before a
political settlement was reached to end the longstanding civil
war. Consequently, the Government postponed national elections
indefinitely pending the outcome of the Rome peace talks with
RENAMO, at which issues related to the holding of future
multiparty elections were also being discussed. An accord
reached in Rome in November altered several aspects of the
political parties law passed by the Government in 1991 but
preserved the commitment to hold early elections.
The post independence single-party constitution established a
system that effectively allowed the President, the FRELIMO
Politburo, and the Council of Ministers to control policymaking
and implementation. The new Constitution officially ended the
leading role of the FRELIMO party, although the
FRELIMO-dominated Government will remain in office pending new
elections. The new Constitution calls for a strong presidency,
but it also strengthens the legislature by allowing a
two-thirds majority to override what is essentially a
presidential veto. It also provides for eventual
constitutional review of legislation by the Supreme Court.
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MOZAMBIQUE
The Constitution provides for an unlimited number of political
parties. Under the political parties law promulgated in 1991,
a legally recognized political party must demonstrate that it
has no racial, ethnic, or religious exclusiveness and must
demonstrate support in all provinces. (The November accord on
political parties law would eliminate this latter
recjuirement . ) Fourteen different parties had formally
announced their formation by the end of 1991; only FRELIMO,
though, had officially registered.
The success of the new Constitution and a multiparty system
will depend heavily on RENAMO's intentions. While RENAMO has
long demanded the establishment of a multiparty system in
Mozambique, it denounced the Government's unilateral
implementation of the new Constitution and legislation on
political parties.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged violations
of Human Rights
There are no local organizations that monitor human rights
abuses, although there are no legal obstacles to the formation
of such groups. The Government is receptive, however, to some
international human rights monitoring groups. The
International Committee of the Red Cross (ICRC) maintains
offices in Maputo and Beira, but its relations with the
Government suffered in 1991 following the discovery of military
and police uniforms in an ICRC donation shipment. The
Government accused the ICRC of providing uniforms to RENAMO,
which the ICRC denied. By the end of the year, however, the
matter had subsided, and relations were improving.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution prohibits such discrimination, and there does
not appear to be any systematic persecution on the basis of
ethnicity or race. Nonetheless, the FRELIMO Government has
tended to include at all levels a disproportionate number of
southerners, mostly from the Shangana ethnic group. White,
Asian, and mixed-race Mozambicans are also heavily represented
relative to their numbers in the population. This is not the
case, however, in the military where no whites and few
mixed-race Mozambicans serve. Most observers, both Mozambican
and foreign, believe that ethnic imbalance in governmental
positions results from the greater educational opportunities
available to southerners and nonblacks under the former
colonial administration and not from deliberate government
policies. During its Sixth Congress in August, FRELIMO
broadened the regional and ethnic base of the party by creating
slates of candidates for the Central Committee from all
provinces .
Racial issues figured in political debates in 1991. During the
discussion over the new nationality law, several National
Assembly members argued that Mozambican citizenship should be
limited to persons of black Mozambican origin, excluding
whites, Indians, and mixed races; the final legislation did
not, however, adopt that definition. Some of the new political
parties also played on racial themes as they worked to define
themselves. During its party congress, the Liberal Party of
Mozambique (PALMO) attacked the role of whites and mixed races
in the Government and the economy, though it publicly retreated
from these statements later.
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MOZAMBIQUE
The leadership of the RENAMO insurgents is predominantly from
the Shona-speaking ethnic groups who live near the Zimbabwean
border. There is no indication that the conflict between the
Government and RENAMO is primarily motivated by ethnicity,
although ethnic and regional factors may play some role, and
tribal factors may explain some of the violence. Historical
accident appears to be responsible for the ethnic composition
of the RENAMO leadership; the Shona was the group culturally
and geographically most accessible to the Rhodesian
intelligence organization, which established the forerunner to
RSIAMO in the late 1970 's. Since then RENAMO has recruited
from all ethnic groups and has not emphasized ethnic issues in
its corranuniques or in its negotiating positions.
The new Constitution forbids discrimination on the basis of sex
and mandates eqfual rights and responsibilities for women.
Family law requires that women have equal property rights and
rights over the children in any marriage. In practice, women
are under represented in the professions and in educational
institutions at all levels. Over 80 percent of Mozambican
women are peasant farmers, and most have had little education
or access to good health care. Mozambique has one of the
highest maternal mortality rates in the world. The
Organization of Mozambican Women (OMM) has made a long-term
project of studying the traditional practices of the various
ethnic groups and challenging, through grassroots educational
progreims, those practices believed detrimental to women.
FRELIMO made a concerted effort to increase the representation
of women in the party, electing in 1991 a Central Committee
with a 35-percent female membership.
According to medical and other sources, violence against women,
especially wife beating, is fairly widespread in Mozambique,
especially in rural areas. The police do not normally
intervene in domestic disputes, and cases are rarely brought
before the courts. The Government has not addressed the issue
specifically, and its influence is weak, especially in many
rural areas affected by the war. The OMM is campaigning to
change pviblic attitudes on violence against women and other
practices, such as female circumcision and bride-price
payments, which continue in some rural areas. Female
circumcision is found most frequently in coastal areas,
particularly among Muslim groups.
Section 6 Worker Rights
a. The Right of Association
The 1990 Constitution specifies that all workers are free to
join or not join a trade union. A new labor law passed in
December further protects workers' rights to organize and to
engage in union activity at their place of employment.
However, at the end of 1991, all trade unions were still
incorporated into a central labor union confederation, the
Organization of Mozambican Workers (OTM), which was loosely •
affiliated with the FRELIMO party until late 1990, when it
declared itself independent. In late 1991, the Assembly
approved legislation clarifying the right of labor groups to
form independent trade unions. By the end of 1991, no other
independent unions had yet been formed.
For the first time, the new Constitution explicitly provides
for the right to strike, though it restricts this right for
government employees, police, military personnel, and employees
of other essential services. Following the wave of wildcat
266
MOZAMBIQUE
Strikes in 1990, the Government introduced a set of provisional
guidelines which have the effect of delaying strikes but which
nevertheless conferred de facto recognition on ad hoc labor
committees to act as independent negotiating units in place of
OTM. These guidelines require prior notice of strike activity,
exhaustion of other alternatives, presentation of a list of
demands, and appointment of a negotiating committee. According
to government reports, strikers in several subsequent walkouts
adhered to the guidelines. However, in 1991 there was much
confusion regarding the Government's interpretation of the
provisional guidelines, the new labor law, and the right to
strike.
During 1991 wildcat strikes continued in several sectors,
though with less frequency than in 1990. Strikers continued to
rely on ad hoc committees to press their demands rather than on
the OTM leadership with its close ties to the Government and
FRELIMO. While the new OTM leadership hoped to convince labor
of its new independent role, at the end of 1991 many OTM
leaders continued to hold prominent positions in FRELIMO.
Strikers in several industries were able to win their demands
from management, though a strike among air traffic controllers
dragged on throughout the year, with the Government taking an
ambivalent position.
The Constitution and labor legislation guarantee unions the
right to join and participate in international bodies. The OTM
is not affiliated with any non-African international trade
union organization; it is a member of the Organization of
African Trade Union Unity and the Southern African Trade Union
Coordinating Council.
b. The Right to Organize and Bargain Collectively
The new labor law protects workers' rights to organize and to
engage in collective bargaining. It expressly prohibits
discrimination against organized labor. In late 1991, the
Government decreed that it would no longer set all salary
levels. Negotiating wage increases was left in the hands of
the existing unions. Though some unions have begun the process
of negotiating new wage levels, it is too early to tell how
successful they will be or whether they will be able to gain
the confidence of workers. During most of 1991, workers chose
to bargain with employers through legally recognized ad hoc
committees, with mixed results. The law requires Government
arbitration if labor and management fail to reach agreement.
There are currently no export processing zones in Mozambique.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by law, and there have
been no reports of such labor practices by the Government.
RENAMO reportedly forces kidnaped civilians to perform various
support functions, including porter ing arms and supplies and
growing food for combatants. There were also reports of forced
conscription by the FAM.
d. Minimum Age for Employment of Children
Child labor is regulated by the Ministry of Labor. In the wage
economy the minimum working age is 16. Because of high adult
unemployment, there are few children in regular wage
positions. However, children commonly work on family farms or
in the urban informal sector, where they perform such tasks as
267
MOZAMBIQUE
watching cars or collecting scrap metal. In addition, many
children are kidnaped by RENAMO and forced to serve as soldiers
or laborers for the rebels.
e. Acceptable Conditions of Work
The Ministry of Labor enforces minimum wage rates in the
private sector. Public sector rates are enforced by the
Ministry of Finance. Violations of minimum wage rates are
usually investigated only after workers register a complaint.
It is customary for workers to receive benefits such as
transportation and food. The minimum wage is not adequate to
sustain an average urban worker's family. Workers must turn to
second jobs, if available, as well as work garden plots to
survive. An estimated 80 percent of the work force is engaged
in subsistence agriculture, which is not covered by minimum
wage legislation. The standard legal workweek is 44 hours.
In the small, modern sector, the Government has enacted health
and environmental laws to protect workers. On occasion, the
Government has closed firms for noncompliance with these laws,
but enforcement by the Ministry of Labor is irregular,
particularly under current economic conditions.
268
NAMIBIA
Namibia achieved its independence under United Nations
supervision on March 21, 1990, following 74 years of South
African rule. The new nation is a functioning multiparty,
multiracial democracy, whose Constitution contains an
entrenched bill of rights, providing for freedom of speech,
press, assembly, association, and religion. The Government is
headed by Sam Nujoma, leader of the South West Africa People's
Organization (SWAPO), which won Namibia's first free election
in November 1989. The Democratic Turnhalle Alliance (DTA),
SWAPO 's major opposition, and five small parties are also
represented in the National Assembly.
The main security force is the Namibian Defense Force (NDF) ,
comprised of former troops of the People's Liberation Army of
Namibia (PLAN — SWAPO' s military wing) and of the South West
African Territorial Force (SWATF) — forces that battled each
other in the years prior to independence. The NDF and a small
national police force, responsible for maintaining internal
security, receive professional training from the United Kingdom
and other countries, including the United States. Key officers
received human rights-related instruction from the
International Committee of the Red Cross (ICRC) . Nonetheless,
security force members were responsible for a number of human
rights abuses during the year.
The Namibian economy has two major components — a modern market
sector that produces most of its wealth and a traditional
subsistence agricultural sector (mainly in the north) that
supports most of its labor force. The mainstays of the market
sector are mining, ranching, and fishing, still mostly
controlled by white Namibian businessmen. Throughout 1991 the
Government stressed the leading role of the private sector and
encouraged new investment by indigenous and foreign
entrepreneurs on the basis of a new investment code adopted in
December 1990.
Namibia continued to enjoy a wide range of civil and political
liberties in 1991 with much public discussion of citizens'
rights and obligations. Controversy continued, however, about
accounting for missing detainees formerly held by SWAPO in
Angola and Zambia and by South African authorities in Namibia
and, to a lesser extent, about refugee issues. In June the
Government requested ICRC assistance in investigating the
identities and circumstances under which Namibians died or
disappeared during the liberation struggle. The problems of
racial discrimination and disparities, especially in education,
health, and working conditions, and of discrimination and
violence against women continued in 1991. There were
continuing credible reports of NDF personnel torturing or
abusing civilians despite strong condemnation by officials.
Approximately 30 persons were convicted and dismissed from
service for offenses against civilians, including such matters
as theft, assault, and rape.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings during 1991. Several charges of politically motivated
killings remained unresolved from previous years, including
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NAMIBIA
that of Anton Lubowski, a senior SWAPO official who was shot
outside his home in Windhoek by an unknown gunman in September
1989.
In October the Supreme Court dismissed the appeal of a white
man, Hendrik van Wyk, who was convicted for the unprovoked
assault and murder of a black man, Johannes Haufiku, and
sentenced to 12 years in prison. The Chief Justice said that
the Court would impose heavy sentences of imprisonment as a
deterrent in cases of violence motivated by racism. A black
former member of PLAN, convicted of murdering a white farmer
and gravely wounding his wife, received life imprisonment.
b. Disappearance
There were no reports of disappearances occurring during 1991.
Most, if not all, earlier disappearance cases involved either
persons detained by SWAPO in Angola or those arrested and
unaccounted for by the former South African authorities prior
to independence. The number of SWAPO detainees still not
accounted for has been estimated to range from the 256 listed
in 1989 by the Special Ad Hoc Committee of the U.N. Transition
Assistance Group to the 1,400 noted by the Namibian National
Society for Human Rights (NSHR) and the Parents' Committee.
The disparity in numbers will continue until a full
investigation by the Government and the ICRC is completed.
The whereabouts of people detained by the former South African
(SA) administration in Namibia also remained unclear.
According to a 1990 NSHR report, the whereabouts and fate of 59
people remain unknown.
In June the Government formally rec[uested ICRC assistance in
determining the identities and whereabouts of Namibians who
died or disappeared during this period. In October SWAPO
appointed a liaison officer to facilitate the transmission of
tracing rec[uests between the ICRC and the Government. In
October the Government also asked the U.N. High Commissioner
for Refugees (UNHCR) and the Governments of South Africa,
Zambia, Botswana, and the People's Republic of Angola to
appoint similar liaison officers. As the year ended, none of
the four neighboring Governments had done so.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Namibian Constitution states that "no persons shall be
subject to torture or to cruel, inhuman, or degrading treatment
or punishment." Although they are greatly reduced from the
preindependence period, there were a number of reports of
torture or other inhuman treatment by police and military
forces during 1991. Following the theft in August of uraniiom
oxide from the Rossing mine, the National Union of Namibian
Workers (NUNW) charged that three of its members suspected of
the theft were beaten and tortured during interrogation. All
three reportedly had wet plastic bags pulled over their heads,
and two, with arms and legs bound, were hung from a broomstick
resting between two office desks. They pressed charges, which
were under investigation as the year ended.
According to the NUNW, three policemen were expelled from the
police force earlier in the year for "torturing" prisoners, but
no specifics were available. There were also several shootings
and other forms of harassment against civilians by members of
the NDF. The Government publicly urged citizens to come
270
NAMIBIA
forward with allegations of abuse by police or military forces
so that disciplinary measures could be taken. Of several dozen
NDF members tried by military courts for offenses against
civilians, some 30 were found guilty and dismissed from the
armed forces. It is not clear how many of these cases involved
torture or other human rights violations. The NSHR reported
that Paulus "Katemo" Johannes was subjected to severe torture
while in police detention in Ruacana. He was accused of being
a spy for UNITA and was held for 5 months without trial. His
torturers reportedly tightened wire around his head in order to
exert maximum physical as well as psychological pain. The NSHR
referred his case to the High Court, which ordered his release
in early May. An investigation by the Prosecutor General into
the circumstances of his detention was continuing as the year
ended .
d. Arbitrary Arrest, Detention, or Exile
The Constitution forbids arbitrary arrest or detention.
According to the Constitution, persons who are arrested must be
informed of the reason for their arrest "promptly, in a
language they understand," and they must be brought before a
magistrate within 48 hours of their detention. A trial must
take place within "a reasonable time," or the accused must be
released. The accused are entitled to defense by a legal
counsel of their choice; the State will provide a lawyer for
the indigent. These rights and protections have generally been
afforded in practice since independence. However, in April the
NSHR charged the police and the NDF with unconstitutional
arrests and detentions without trial. The Government has made
no response to these charges. There is a reported backlog of
cases awaiting trial due to a lack of magistrates; a number of
judgments rendered by inadequately trained magistrates have
been overturned upon review by the Prosecutor General. Other
delays have resulted from the paucity of legal counsel — less
than 100 lawyers are currently engaged in private practice in
the country; no more than 10 of these are black.
There were no reports of Naunibians being exiled in 1991.
e. Denial of Fair Public Trial
Namibia has an independent judiciary, and under the
Constitution all citizens have the right to a fair trial.
Neimibia has retained the Roman-Dutch court system it inherited
from South Africa as well as tribal courts. In the formal
system, there are three levels: magistrate's courts, the High
Court, and the Supreme Court. The latter also serves as the
court of appeals and as a constitutional review court. The
Supreme Court is also charged with hearing cases of persons who
claim to have been tortured by former South African authorities.
The tenure of sitting judges was unaffected by the 1990 change
in government. Traditional courts have dealt with minor
criminal offenses, such as petty theft and infractions of local
customs. A presidential commission was to make recommendations
on the prospective jurisdiction of tribal courts, which have
functioned at the village level among members of the same
ethnic group. The Constitution guarantees that persons
claiming violation of their fundamental rights may seek redress
in court and request free legal advice from the Ombudsman,
In the post independence period, the right to a fair trial has
been afforded in practice. However, there have been charges of
racial bias in court decisions.
271
NAMIBIA
In September three persons were given sentences, which ranged
from a $180 fine to 4 years' imprisonment, for their supporting
roles in an aborted coup attempt in mid-1990. SWAPO party
leaders and other organizations led public demonstrations to
protest the perceived leniency of the sentences and demanded
that the Government impose harsher penalties. However, the
SWAPO-led Government refused to do so, noting the
constitutional separation of powers and the independence of the
judiciary and that it respected the courts' determinations.
Redress for alleged crimes by the SADF prior to independence
hinged on the outcome of a landmark case brought before the
Namibian courts in September 1990, for which a judgment was
rendered in October 1991. In this case, Israel Mwandingi
sought damages from the Namibian Government and the Ministry of
Defense after being shot in the back by the SADF, SWATF, or SWA
police in a 1987 shooting in Ongwediva, northern Namibia. The
court upheld his contention that Namibian authorities — as
successors to the South African Government and its Ministry of
Defense — were liable for damages. No amount for such damages
had been determined as of year's end, however.
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The legal requirement that arresting officers must have a
warrant and the constitutionally safeguarded right to privacy
were respected in practice in 1991.
No evidence exists that unlawful electronic surveillance or
interference with correspondence are conducted against Namibian
citizens .
Section 2 Respect for Civil Liberties, Including:
a . Freedom of Speech and Press .
The Constitution provides for these fundamental freedoms,
including academic freedom in institutions of higher learning,
and it states these rights may not be suspended in time of war
or during a state of emergency. In practice, these freedoms
have been respected since independence.
All radio and television services are operated by the
government-owned Namibian Broadcasting Corporation (NBC); a
broadly representative government-appointed board sets policy
for the NBC. Although the NBC routinely gives prominent
coverage to the activities of government officials, it also
provided significant coverage to opposition spokespersons and
issues.
Print journalism in Namibia is free and vigorous. At present
there are three daily, one semiweekly, and four weekly
newspapers of general interest. One (a weekly) is published by
the Government, and several others are affiliated to political
parties. There was no apparent self-censorship by journalists,
aside from the constraints of libel laws (which impose stricter
limits with regard to public figures than does U.S. law) and a
general circumspection with regard to the person of the
President. Within the local media council, however, one
newspaper can charge another with erroneous reporting, which
has resulted in editorial retractions. There are no
restrictions on academic freedom.
272
NAMIBIA
b. Freedom of Assen±)ly and Association
The new Constitution provides for freedom of assembly and
association. During 1991 various organizations, including
political parties and religious groups, held large meetings and
public gatherings without interference. These included
demonstrations against the perceived lenient sentences meted
out to three persons for participating in a 1990 coup plot and
protests to several municipal governments over poor housing and
sanitary conditions in the still largely segregated townships.
c. Freedom of Religion
There is no state religion, and Namibians have enjoyed freedom
of religion since well before independence. There are no
restrictions on the activities of particular religious groups
or on foreign clergy members and, in contrast to the
preindependence period, no restrictions on internal or foreign
travel of church leaders.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution guarantees the rights to move freely
throughout Namibia, to reside and settle in any part of
Namibia, and to leave and return to Namibia, and these rights
are respected in practice. During and after the transition to
independence, a total of 42,736 Namibian exiles (returnees)
returned to the country as part of the UNHCR repatriation
program, which ended in June 1990. Many returnees have since
encountered difficulties in reintegrating into life in Namibia,
and the majority in 1991 faced continued unemployment.
The Government had not developed a consistent policy on
refugees or asylum seekers by the end of 1991 and was still
reviewing the possibility of acceding to the Protocol Relating
to the Status of Refugees. Sporadic incidents occurred in
which persons seeking refugee status were deported or jailed
upon their arrival in the country. Police at a northern border
post detained one Kenyan and two Zairean nationals seeking
refugee status for several months before informing U.N.
officials. Despite growing public criticism, the Government
continued to review on a case-by-case basis the requests of 128
persons classified as refugees by the UNHCR. Of this group,
two were held in Windhoek central prison; the remainder were
given unofficial temporary residence with the proviso that they
make plans to leave the country as soon as possible.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens exercised their right to change their Government in
nonracial, multiparty elections held in 1989 and characterized
as free and fair by the United Nations' special
representative. The Constitution establishes a bicameral
parliament, the National Assembly, and calls for free general
elections by secret ballot every 5 years and regional elections
every 2 years. As 1991 ended, only the lower house was
functioning. The Government promised regional elections for
the crucial second parliamentary chamber, the National Council,
in 1992.
Seven political parties are currently represented in the
Namibian National Assembly. The SWAPO-led Government has 45 of
the 78 seats in the Assembly, and the DTA, the major opposition
273
NAMIBIA
/
party, holds 21 seats. Five small parties are also
represented. The DTA, together with the other non-SWAPO
parties in Parliament, can block constitutional changes, which
require a two-thirds majority of all members.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
During 1991 local organizations such as the National Society
for Human Rights (NSHR), the Parents' Committee, and the Legal
Assistance Centre (LAC), operated freely, criticizing the
Government's handling of the preindependence SWAPO detainee
issue, the treatment of refugees, the repatriation of exiled
children of SWAPO members, the conduct of the presidential
security guard, and other matters. Unlike the Parents'
Committee and the LAC, which existed before independence, the
NSHR is a new, private Namibian human rights organization,
established in early 1990. Like the Parents' Committee, its
principal focus is on the SWAPO detainee issue and accounting
for persons who disappeared while in custody under the previous
government. The LAC is highly regarded for its assistance,
especially to indigent defendants. It also follows the
detainee issue, but its current primary focus is on legal
education, for which it coordinated with the Ministry of
Education to develop a constitutional curriculum for schools
and lectures on human rights issues for police cadets and
defense force trainees.
International human rights organizations are free to visit and
to discuss human rights issues with governmental and
nongovernmental representatives. In February the Government
hosted a Swedish-funded week-long conference on human rights
for public officials. In June the Government formally asked
the ICRC to help investigate the identities and circumstances
under which Namibians died or disappeared during the
independence struggle (see Section l.b.). In October the
Government announced its intention to establish a Human Rights
Information and Documentation Center in early 1992 and
submitted funding proposals to UNHRC and other donors.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution prohibits discrimination based on race, creed,
sex, or religion and specifically prohibits "the practice and
ideology of Apartheid." In December the National Assembly
enacted a bill to outlaw racial discrimination and to punish
its perpetrators with severe fines or prison sentences. Racial
discrimination continued in 1991 to be a very sensitive
political issue. As a result of many years of South African
administration, racial and ethnic discrimination were
institutionalized in Namibian society to the same extent as in
South Africa itself. This was particularly true with respect
to serious inec[ualities in education, health, housing, and
employment, which nonwhites complain are not being adec[uately
addressed by government action. In a highly publicized
incident, a white hotel manager in the Northern town of Out jo
was accused of refusing service to two black Namibians (one was
a Deputy Minister and Member of Parliament). In proceedings
beginning in October, the courts sought to determine whether
the manager's actions were in fact racially motivated and thus
in contradiction of Article 10 of the Constitution. (For a
discussion of white/black disparities, see Section 6. a.)
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NAMIBIA
Women's rights are guaranteed by the Constitution, but in
practice discrimination against women, especially stemming from
pervasive cultural and traditional practices of all races,
persists. There are also inequalities in the law and in
employment and educational opportunities. For instance, under
existing community property laws, married women of all groups
are defined as legal minors and may not legally acquire or
purchase property or enter into a legal contract without the
signature and consent of the husband. At present, any property
brought into a marriage by a woman is transferred to the
ownership of her husband, who has the authority to decide its
disposition without her consent. A woman is considered a ward
of her father until she marries; then she becomes a ward of her
husband. The law also does not currently compel men to provide
economic support for their children in case of divorce, with
the result that there are many indigent mothers. Women are not
barred from pursuing higher education but tend to be directed
to certain educational fields and areas of employment, such as
clerical and secretarial work, teaching, and domestic service.
Several women's groups are working to change these inequalities
to ensure that constitutional guarantees for women are put into
practice. In one positive development during 1991, traditional
leaders stopped taking communal land rights away from widows.
Violence against women is reportedly widespread, particularly
wife beating and rape. The courts have traditionally treated
cases of wife beating as assaults, but because of traditional
attitudes regarding the subordination of women, most such cases
do not reach the courts. In addition, many cases of wife
beating are not reported to the authorities. Others, which are
brought to the attention of the police, are reportedly
dismissed as frivolous, and the alleged perpetrator is not
charged. Women's groups and other women's rights advocates
contended that rape and wife beating were not taken seriously
by police, claiming that police prefer not to interfere in
domestic disputes and that prosecutions of rape and convictions
for it are the exception. In October, however, the Namibian
High Court condemned the application of the "cautionary rule"
in cases involving sexual assault as contrary to the
Constitution and held that the same standards of evidence
should be applied for rape cases as for other crimes. Women's
groups and the LAC applauded this decision.
Section 6 Worker Rights
a. The Right of Association
Namibia's Constitution provides for freedom of association,
including freedom to form and join trade \inions, a right that
will be extended to public servants, farm workers, and domestic
employees under a new Labor Code tabled in Parliament at the
end of the year. It is to be debated and enacted early in
1992. Approximately half of Namibia's 200 , 000-person wage
sector work force is organized to some degree. Less than 20
percent of the total economically active population is
unionized. Very few of the country's 36,000 rural laborers are
organized. Unions are independent of government and may form
federations and confederations, of which there are several.
The principal trade union federation is the National Union of
Namibian Workers (NUNW), a SWAPO-aligned federation of 7
industrial unions which claims a membership of over 70,000.
Most workers in the mining industry, the country's key export
sector, are members of the NUNW-af filiated Mineworkers Union of
Namibia (MUN) . Some union leaders are also SWAPO officials and
275
NAMIBIA
have served in the National Assembly. In December several
prominent union leaders were elected to SWAPO's Central
Committee. The NUNW, however, now expects labor leaders to
resign if appointed to high government office. The current
NUNW leadership does not hesitate to promote its concept of
workers' interests even when their positions are not in line
with government policies. The Confederation of Namibian
Christian Social Trade Unions (NCSTU) and other unions claim to
be nonpartisan and in practice confine their activities to
labor-management relations. The Ministry of Labor and Manpower
Development encourages broad cooperation within the labor
movement, while supporting trade union pluralism and
maintaining a strict policy of noninterference with internal
union matters. , Trade unions have no difficulty registering,
and there are no government restrictions on who may serve as a
union official.
Namibian workers, except for those providing essential
services, enjoy the right to strike once conciliation
procedures have been exhausted. The proposed Labor Code will
extend the right to strike to public servants, farm workers,
and domestics. Under the Code, strike action could only be
used in disputes involving worker interests, such as pay
raises. Disputes over worker rights, including dismissals,
would have to be referred to the Labor Courts or for
arbitration. Legally striking workers would gain protection
from dismissal under the proposed Labor Code.
There has yet to be a legal strike in Namibia. Nevertheless,
during the first year of independence there were at least 30
reported work stoppages over pay, dismissal, and pension
issues, with most actions lasting for no more than a few days.
In no case had the strikers exhausted existing procedures for
settling disputes. A series of wildcat strikes in Windhoek
during September-November 1990 led to the tear gassing of a
bakery sit-in and the mass firings of transport and security
workers. During 1991 labor unrest abated, with short work
stoppages reported among nurses and construction workers, among
others.
The International Labor Organization (ILO) has been
instrumental in assisting Namibia with the drafting of the
proposed new Labor Code. Trade unions are free to exchange
visits with foreign trade unions and to affiliate with
international trade union organizations, and they exercise this
freedom without interference.
b. The Right to Organize and Bargain Collectively
In 1985 the Supreme Court of what was then South West
Africa/Namibia recognized the right of collective bargaining
without intervention by other government agencies. The
proposed Labor Code lays down minimal standards, in accordance
with international labor practices, and guarantees employees
the right to bargain individually or collectively. At present,
collective bargaining is not widely practiced outside the
mining and construction industries; wages are usually set by
employers. Even in the minirig sector, union officials complain
that the lack of access to financial information on companies
heunpers effective negotiation.
When a dispute cannot be resolved directly, the first recourse
for workers is to request that the Cabinet create a
conciliation board under the Wage and Industrial Conciliation
Ordinance of 1952, with a mediator and representatives of both
50-726 - 92 - 10
276
NAMIBIA
sides. The proposed Labor Code retains the conciliation board
mechanism under the supervision of the Labor Commissioner.
Conciliation boards have mostly been used in wage disputes and
to a lesser extent to negotiate working conditions, overtime
hours, and reinstatement of dismissed employees. Under the
proposed Labor Code, if union recognition cannot be obtained by
consensus, it can be sought through recourse to a labor court.
Current law does not effectively prohibit antiunion
discrimination by employers against union members and
organizers. Employers do not have to recognize a union and may
dismiss members and organizers if they wish. However, the new
Labor Code would empower the labor courts to remedy unfair
labor practices. The new Labor Code explicitly forbids unfair
dismissals, which may also be brought on appeal to the labor
court. No formal complaints of discrimination were filed in
1991, although union officials regularly hear such complaints.
At present, there are no export or offshore processing zones or
facilities in Namibia. One is planned, and the Prime Minister
has stated that the workers in such zones will be protected by
the Labor Code.
c. Prohibition of Forced or Compulsory Labor
Forced labor is prohibited by law, but during the June 1991
Land Reform Conference, there were reports that farm workers
sometimes receive little or no compensation for labor and are
strictly controlled by farm owners. There were also reports at
the conference that some farm workers are still subject to
physical punishment by their employers, although there were no
formal complaints filed with the Ministry of Labor in 1991. Of
all Namibian workers, farm labor is the least organized for
collective action.
d. Minimum Age for Employment of Children
The minimum age for employment is 15 years. Age regulations
are generally enforced in the wage sector pursuant to the
Employment Act of 1986. However, children below the age of 15
often work on family and commercial farms and in the informal
sector. Boys in the rural areas traditionally start herding
livestock at age 7, and street vending by children is becoming
a more common sight in urban areas. The proposed Labor Code
empowers the Ministry of Labor inspectors to enforce
prohibitions on child labor, including minimum ages of 16 for
underground work and 18 for night work. The labor courts are
now able to hear criminal charges against violators.
e. Acceptable Conditions of Work
There is no statutory minimum wage law in Namibia. The
proposed Labor Code does not establish a minimum wage, but it
provides for the creation of a wages commission by the Minister
of Labor to determine appropriate living wages. Unskilled
workers in the relatively high paying mining sector earn about
twice the amount urban unskilled laborers earn. Domestic
workers earn much less. Since basic living costs in Windhoek's
traditionally nonwhite townships are high, most nonwhite
workers have difficulty maintaining a decent standard of
living. Union leaders hope to make extensive use of the wage
commission procedure to redress past inequalities and achieve
the goal of a "living wage" for all Namibians. However, an
unemployment rate of more than 25 percent and chronic
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NAMIBIA
double-digit inflation tend to turn wage negotiations into
efforts to maintain real wage levels.
White Namibians earn significantly more on average than their
black compatriots. In large part this is due to their
ownership of most of the country's productive resources and
past preferential access to education that enables them to take
advantage of the skilled labor shortage. Moreover, even when
access was guaranteed, educational facilities for black
Namibians were vastly inferior to those which whites enjoyed.
Allegations continue to surface that nonwhite skilled employees
often earn less than their white counterparts doing the same
job or whites performing unskilled tasks. Perhaps because they
are under greater public scrutiny, state-owned enterprises are
often accused in the press of engaging in discriminatory hiring
and pay practices. However, there have been no reported court
cases involving racial discrimination in the workplace.
The standard legal workweek was 46 hours, which would be
reduced to 45 hours by the proposed Labor Code. If the
employee freely agrees, up to 10 hours of overtime per week is
currently allowed at time-and-a-third pay. Overtime would be
increased to time-and-a-half and double for Sundays /holidays
under the proposed Code. Legally, more than 10 hours per week
of overtime have to be approved by the Government. The new law
will also mandate annual leave (21 days), sick leave (36 days),
and a yet-to-be determined amount of maternity leave. Most
employees are entitled to 21 calendar days of leave per year.
In practice, these provisions are not rigorously observed or
enforced.
Government-mandated occupational health and safety standards
are set by law, and the Labor Code empowers the Ministry of
Labor to strengthen applicable regulations and enforcement
through inspections and criminal penalties. The Labor Code
also requires employers to ensure the health, safety, and
welfare of their employees and provides for the right to remove
oneself from dangerous work situations. At year's end, the
Government was conducting a national survey in an effort to
upgrade health and safety standards. Improvement of safety
conditions is a key trade union concern, particularly in the
mining sector where safety campaigns by the mining companies
have reduced the combined reportable injury and fatality rates.
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NIGER
Under growing public pressures, the authoritarian
military-civilian regime, headed by General Ali Saibou,
peacefully turned over power to a National Conference which met
from July 29 to November 3. The Conference involved 1,200
conferees from a comprehensive array of nationally
representative groups. During its deliberations, it declared
itself the nation's authoritative governing body, suspended the
1989 constitution, dissolved other institutions (the National
Assembly and the National Council of Development) and dismissed
all ministers and turned over day-to-day government operations
to secretaries general. It also debated a wide range of
political, economic, and social reform policies and planned
presidential, legislative, and municipal elections for late
1992 or early 1993. In November the Conference chose Prime
Minister Amadou Cheiffou to head a 15-month Transitional
Government and also elected a 15-member High Council of the
Republic (HCR) to assure execution of conference decisions.
General Saibou was retained as ceremonial Head of State. At
year's end, Niger awaited a new constitution, to be submitted
to a national referendum in 1992.
The military, which had been in power since 1974, made no
effort to intervene in the reform process but remained a force
behind the scenes. In addition to the military, Nigerien
security organizations include the gendarmerie and the national
police. There were occasional reports of human rights abuses
by these organizations, although fewer than in previous years.
The National Conference directed the Directorate of State
Security, a political investigative organ which formerly
reported to the Presidency, to report to the Prime Minister
during the transition. Civilians headed the ministries charged
with supervision of the security services.
Niger is an extremely poor country with an economy based
largely on cultivating subsistence crops, raising livestock,
and exploiting some of the world's largest uranium deposits.
Drought cycles, desertification, a 3.4 percent population
growth rate, and the declining world demand for uranium have
undercut an already marginal economy. Due in part to the
nation's focus on major political changes, the economy and
World Bank reform programs reached a virtual standstill.
Respect for, and protection of, human rights expanded
significantly in Niger throughout 1991. In early 1991, human
rights organizations were formed, were fully recognized, and
operated without hindrance for the first time. Prior to the
July opening of the National Conference, and as pressure for
democratization increased. President Saibou instituted new laws
which widened freedoms of the press and of association and
fully legalized the multiparty system, first announced in
November 1990. At the National Conference, citizens from all
social strata had the opportunity to state their opinions,
become involved in politics, and criticize government policies
and officials, including the Head of State. The National
Conference held public hearings to explore the Government's
role in two 1990 incidents of human rights abuses. These
hearings revealed allegations of large-scale killings and
torture. Despite the steady improvement in human rights
policies, individual law enforcement officials continued to
commit human rights abuses.
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NIGER
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for tlie Integrity of the Person, Including
Freedom from
a. Political and Other Extrajudicial Killing
There were no reports of political and extrajudicial killings
in 1991. The National Conference conducted a public hearing
into two 1990 incidents. One occurred on February 9, 1990,
when security forces fired on violent student protesters,
killing three. The other occurred in May 1990 when military
forces in Tchintabaraden and nearby villages responded to
antigovernment Tuareg assailants with excessive force, killing
many of the Tuareg. The Government claimed 63 were killed,
while others claimed there were upward of 300 deaths. The
conference also heard evidence that Tuareg insurgents in
Tchintabaraden had caused nine deaths and determined the need
to investigate those incidents more fully. The National
Conference suspended senior military, police, and civilian
officials implicated in both incidents, pending completion of
the investigations and possible trials. The investigations had
not been completed by year's end.
b. Disappearance
There were no reports of politically motivated abductions or
disappearances in 1991.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The National Conference denounced the authorities' use of
torture revealed during the public hearing of the 1990
Tchintabaraden case. There were no reports of systematic
torture of political prisoners or detainees during the year,
but random instances of abuse by individual law enforcement or
prison officers occurred. Specifically, they inflicted
physical pain on detainees to extract confessions. In one
instance in 1991, military personnel severely beat several
townspeople in retaliation against civilians who had attacked
an unarmed soldier.
d. Arbitrary Arrest, Detention, or Exile
Although the suspended constitution, still considered partly in
effect, contains legal prohibitions against arbitrary
detention, this prohibition was rarely respected in 1991. In
theory, the law requires that an arrested person be either
charged or released within 48 hours. In special cases, the
public prosecutor, who is also the head of the judicial police,
may authorize one renewal of the 48-hour detention period. In
practice, unauthorized delays beyond the established 48-hour
period frequently occurred, and prisoners often spent months in
jail awaiting trial. Failure of the police or public
prosecutor to respect the 48-hour rule does not require
dismissal of the case against a suspect.
Once charged, a suspect may be further detained by order of the
examining magistrate. In practice, however, charged suspects
are often held beyond the legal time limits prescribed
according to the nature of the crime and may be in jail as long
as a year awaiting completion of the magistrate's
investigation. Defendants are allowed access to a lawyer of
their own choice. Bail is available for crimes carrying a
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NIGER
penalty of less than 10 years' imprisonment. In practice,
widespread ignorance and lack of financial means prevent these
rights from being exercised fully. There were no new reports
of political detainees or prisoners in 1991.
Exile is not used as a means of political control in Niger, but
persons have exiled themselves voluntarily in the past. Many
exiles returned to Niger in 1991 to form parties and
associations and to participate in the National Conference.
e. Denial of Fair Public Trial
Niger's civil legal system is an amalgam of French, Islamic,
and customary law. Traditional courts often handle village
property disputes, which are brought to the civil courts when
not resolved. Civil and criminal cases not involving security-
related acts are tried publicly. Defendants have the right to
be present at their trials, to confront witnesses, and to
present evidence. Niger's penal code affirms the judicial
principle of presumption of innocence. Defendants have the
right to counsel at public expense if they are minors or if
they are indigent and face the prospect of a sentence of 10
years or more. Both the defendant and the prosecutor may
appeal the verdict, first to the Court of Appeals and then to
the highest court, the Supreme Court. Both Courts are
obligated to hear appeals. The Court of Appeals reviews
questions of fact and law while the Supreme Court reviews only
the application of the law.
The suspended constitution calls for an independent judiciary.
In practice, however, it has been common for government
officials and others to use their influence to affect judicial
proceedings through political pressure and family influence.
The State Security Court and the Special Court for Embezzled
Funds, the two courts which formerly functioned outside the
normal criminal framework and sometimes in secret, ceased to
function in 1991. The mandate of the State Security Court
expired when no new judges were named. The Embezzlement Court
was abolished by the National Conference. The executive
privilege of pardon for convicted criminals was not exercised
in 1991.
In April the Government tried before the State Security Court
44 Tuareg prisoners accused of introducing arms illegally into
Niger, undermining state security, and conspiring against the
State in Tchintabaraden in May 1990. The trial was held in
public, and all defendants were acquitted and freed due to lack
of evidence .
The National Conference created a commission on crimes to
investigate over 180 political, economic, and social "crimes
and abuses" committed since independence. The Conference
conducted public hearings on a selection of these crimes, which
at times began to resemble extrajudicial proceedings. The
Conference never passed final judgment on any crime, although
it suspended a few senior officials and placed others under
house arrest, pending the outcome of the investigations. The
crimes commission was charged with completing its work by
January 1993, with possible extension, and submitting dossiers
ready for trial to the High Court of Justice, a special court
created by the National Conference exclusively for this purpose.
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NIGER
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence .
The police are required to have a search warrant to enter homes
and then may do so only between the hours of 6 a.m. and 9 p.m.
However, when in hot pursuit of a suspected criminal, the
police are permitted to conduct searches in homes and buildings
without a warrant, at any time. In practice, searches are
conducted at all hours. There were no reports in 1991 of other
violations of privacy, such as interference with correspondence.
Section 2 Respect for Civil Liberties, Including:
a. Freedonj of Speech and Press
Freedom of speech and of the press increased dramatically in
1991, with free speech being most in evidence during the
National Conference. Buttressed by a national labor federation
strike, the Association of Nigerien Journalists declared
complete autonomy from the Government at the end of March
1991. This change led to a relaxation of many of the
restrictions on the government-controlled media prior to the
National Conference. Le Republicain, an independent weekly,
and several smaller private publications were launched in
1991. The National Conference was covered openly by the press,
including the government media. On October 29, the National
Conference issued Act 26, declaring full liberty for the media
and creating a Superior Council of Communication to guarantee
this freedom. Students and faculty at the university and
secondary-school levels and at professional institutions
continued to play a prominent role in the democratization
process. Academic freedom was respected.
b. Freedom of Peaceful Assembly and Association
Although the 1989 constitution authorized freedom of assembly
and association, these rights were fully exercised for the
first time only in 1991. Throughout the first half of 1991,
students, labor unions, and independent associations held
demonstrations, some of them violent, to protest government
policies .
In May the law governing associations was amended to permit all
kinds of groups, except those that are ethnically or regionally
based. The law previously limited the right of association to
six groups: youth, students, sports and culture, foreign,
religious, and charity. In 1991 the number of opposition
parties and associations mushroomed to include 3 human rights
organizations and some 25 political parties.
c. Freedom of Religion
Niger reaffirmed its status as a secular state at the National
Conference. While the population is nominally over 90 percent
Muslim, the practice of other religious beliefs is permitted.
Foreign missionaries may live, work, and travel in Niger but
must obtain permission to do so. On December 3, the Baha'i
faith was granted full legal status. Until then, it was
practiced despite a 1984 law prohibiting it.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Travel within Niger continued to be monitored. Police
checkpoints outside major cities and towns were kept in place.
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NIGER
though checks were less systematic in 1991. Some women are
cloistered and must be escorted outside the home by male family
members, usually only after dark. Neither emigration nor
repatriation is restricted. Niger is a party to the Protocol
Relating to the Status of Refugees and has cooperated with the
U.N. High Commissioner for Refugees (UNHCR) in assisting the
3,700 Chadian refugees registered in Niger as of May 1991. In
October about 1,500 Chadian refugees left Niger voluntarily,
primarily to go to Chad, Nigeria, or Cameroon. Approximately
2,000 refugees remained in Niger, most of them women and
children.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Although the right of citizens to change their government was
not exercised through the electoral process, in 1991 citizens
changed their government through peaceful means. The National
Conference, composed of delegations representative of various
groups in Nigerien society, declared itself the nation's
authoritative governing body and proceeded peacefully to
consider multiple reforms in the executive, legislative, and
judicial areas. Neither President Saibou nor the military
resisted the transfer of authority. The conference continued
in operation for over 3 months, finally electing a Transitional
Government, headed by Prime Minister Amadou Cheiffou, to govern
Niger pending secret, universal, and multiparty elections,
projected for late 1992 or early 1993. President Saibou
continued as Head of State, but his office became strictly
ceremonial. A High Council of the Republic, composed of 15
civilians elected by the National Conference, was formed to
assure the implementation of the Conference's decisions
throughout the transition. It also was to share unspecified
legislative powers with the Prime Minister in the absence of an
elected national assembly.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Nongovernmental, independent human rights groups were created
for the first time in Niger in 1991. Three such groups
investigated allegations of human rights abuses reported to
them by volunteer sources. After verifying the reports, the
human rights groups protested to local authorities. Where no
action was taken, human rights groups contacted higher
authorities and, in some instances, issued public announcements
to promote corrective action. Throughout 1991 the three groups
operated freely and judged these procedures to be effective in
countering human rights abuses. In March, prior to the
expansion of the law governing associations, the Committee for
the Defense of Victims of the Tchintabaraden Repression was
formed to press for an investigation of the events of May 1990,
with a view toward eventual prosecution of implicated security
forces. Although it never acqiiired legal status, the Committee
was not constrained by the Government and was still operating
at the end of 1991.
Amnesty International (AI) visited Niger three times in 1991
prior to the National Conference. In February the Government,
citing safety concerns, refused AI permission to travel to
Tchintabaraden to investigate the killings in May 1990. With
this exception, there was no interference with AI visits,
including AI ' s attendance at the trial of 44 Tuareg prisoners.
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NIGER
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
In 1991 the process of democratization ended the traditional
domination by the Djerma ethnic group (21 percent of the
population) in government and military service. The Hausa
(over 50 percent of the population), Tuareg, and Fulani (Peul)
ethnic groups participated fully in the National Conference and
received equal consideration for transition government
candidacies and positions. However, the Tuareg and Fulani
(together 21 percent of the population), two historically
nomadic groups in transition still have less access to
government services. Toward the end of the National
Conference, Tuareg members expressed increasing dissatisfaction
with continued government inattention to their problems. At
year's end, there were increasing numbers of Tuareg attacks on
government installations.
By tradition and practice, and through specific aspects of
Islam, women occupy a subordinate place in Niger ien society.
Males have considerable advantages in terms of education,
employment, and property rights. Male attendance heavily
outweighs female attendance at all educational levels. Only 25
percent of Niger ien children of primary school age actually
attend schools, with progressively smaller percentages
continuing into or through elementary and secondary school.
Approximately 60 percent of the children finishing primary
school are male. Consequeiitly, male literacy (15 percent) far
exceeds female literacy (6 percent). Child labor practices
outside the formal sector also inhibit education for young
girls and were sharply criticized at the National Conference.
Niger's traditions incline employers to favor men as
employees. Prevailing Islamic laws of inheritance, marriage,
and divorce discriminate against women.
Certain discriminatory social practices persist. For example,
girls as young as age 10 may be contracted into marriage,
despite legal prohibitions against marriage for girls younger
than 14. Violence occurs against women and children and
includes wife beating, but the extent of this problem is
unknown. Such violence is considered antisocial behavior in
Nigerien society, and women often turn to both traditional and
modern judicial authorities in cases of abuse. Female genital
mutilation (circumcision) occurs but is limited to a few small
ethnic groups. Niger has participated in international
conferences on this subject but does not regard it as a major
domestic problem and has not addressed the issue publicly.
A small number of women participate in the professions. About
one-third of Nigerien doctors and less than one-tenth of
Niger's magistrates are women. Women in the civil service, the
largest formal sector employer, represent only 24 percent of
all civil servants and are confined to lower level positions.
Though few in number, professional women receive wages
equivalent to those paid males.
The government-supported Nigerien Women's Association, with a
network which has developed commercial cooperatives and social
programs for village women, was criticized at the National
Conference for misrepresenting women's concerns and for its
affiliation with the former ruling party. Since 1988, several
women's associations have emerged, including associations of
female traders, educators, bankers, and, in 1991, jurists.
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NIGER
In May thousands of women, including members of the Nigerien
Women's Association, publicly protested the absence of women in
the preparatory committee for the National Conference. As a
result, 5 women were placed on the 72-member committee. Women
were also included in subsequent delegations to the Conference
and headed two conference committees. Three women were
elected to the 15-member High Council of the Republic.
Among the first complaints made to the National Conference were
complaints about the poor status of women. A subcommittee on
improving the condition of women and children proposed a number
of measures to reduce discrimination against women. The
conference discussed in depth measures to alleviate the heavy
physical labor required of rural women, to widen women's access
to credit, and to provide equal opportunity in the
administration, including at the ministerial level. The
Conference also recommended a wider mandate for family
planning, especially with respect to the use of contraception.
Section 6 Worker Rights
a. The Right of Association
Approximately 90 percent of Niger's work force is employed in
the largely subsistence rural sector, which is not unionized.
In the small modern economy, all workers have the legal right
to establish and join trade unions. The only existing labor
federation, the National Union of Nigerien Workers (USTN) ,
represents 27 unions, or 30 percent of the approximately 60,000
salaried workers in Niger. Another five unions are
nonaffiliated. All union organizations are independent of
Niger's new political parties and participated in the National
Conference as representatives of their constituencies.
In 1990 and 1991, prior to the National Conference, the USTN
used strikes, including the threat of a general strike, to
induce political and economic policy changes with an ultimate
view to democratization. Union intervention helped maintain
opposition control over the National Conference and also
widened freedom of the press. Workers also struck on the eve
of the National Conference as a tactic to obtain pay increases
and improvement of benefits before the Conference addressed
overall pay levels. Between 1990 and 1991, according to union
officials, 75 percent of unionized workers had participated in
a strike. In 1991 there were strikes by taxi and truck
drivers, industrial workers, water and electricity workers, and
diplomats. A strike at the public utilities company caused the
removal of its government-appointed executive managers.
Despite the frequency of politically motivated strikes in 1991,
the Government provided compensation for time lost during work
stoppages .
The USTN is a member of the Organization of African Trade Union
Unity and abides by that organization's policy of having no
formal affiliations outside the African continent. Individual
unions, however, such as the Teachers' Union of Niger, are
affiliated with international trade secretariats.
b. The Right to Organize and Bargain Collectively
Collective bargaining is legally authorized, but, in practice,
it is circumscribed by government participation in the
negotiating process. A government representative is present at
most negotiations and in certain circumstances acts as binding
arbitrator. A basic framework agreement, negotiated by the
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NIGER
USTN's predecessor, the employers, and the Government, has been
in force since 1972. The agreement covers basic work
conditions, work contract elements, and union activities, but
not wages. Individual unions may bargain for more favorable
work conditions.
The Labor Code, which is based on International Labor
Organization (ILO) principles, prohibits antiunion
discrimination by employers, and the USTN reported no such
discrimination in 1991. There are no export processing zones
in Niger .
c. Prohibition of Forced or Compulsory Labor
Niger's Labor Code prohibits forced or compulsory labor.
However, black or darker-skinned Tuaregs reported to the
National Conference that in remote areas of Niger white or
lighter-skinned Tuaregs subjected many of their group to slave
labor.
d. Minimum Age for Employment of Children
To work, children aged 12 and 13 must have special
authorization from local labor inspectors. Children between
the ages of 14 and 18 may be employed, subject to legal
provisions limiting hours (4.5 hours meiximum per day) and types
of employment (no industrial work) . Although child labor laws
apply throughout the economy, local labor inspectors who
enforce these laws inspect only workplaces in the formal
sector, located primarily in urban areas. However, children
generally do not work in the formal sector. Child labor is
common in the unregulated subsistence agriculture and informal
trade sectors, where most Niger iens are employed. Children
often work for their families under harsh conditions that do
not comply with the Labor Code's provisions.
e. Acceptable Conditions of Work
There is a legal minimum wage for salaried workers. According
to union officials, this wage is not sufficient to provide a
decent living for workers and their families. The legal
workweek is 40 hours. However, certain occupations requiring
irregular hours are authorized longer workweeks, with a maximum
of 72 hours. The Labor Code also prescribes occupational
safety and health regulations that are enforced by the labor
inspectors in the Ministry of Civil Service, Labor, and
Professional Training. Because of staff shortages, however,
this office focuses mainly on safety violations in the mining,
building, and industrial sectors. According to a ministry
official, compliance is often difficult to enforce because
workers may not be fully aware of the safety risks posed in
their jobs and may refuse to wear protective clothing due to
Niger's hot climate, although for the most part, employers
provide adequate safety equipment.
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NIGERIA
Nigeria is ruled by a military regime, the Federal Military
Government (FMG), headed by President Ibrahim Babangida, who
came to power following a 1985 coup. A 19-member Armed Forces
Ruling Council (AFRC) is the country's main decisionmaking
organ, and its decisions, promulgated by decree, are the
supreme law of the land. A 25-member, mixed military-civilian
cabinet presides over executive functions. President Babangida
controls both the AFRC and the Cabinet. Civilian chief
executives elected in December and inaugurated in January 1992
replaced military governors as head of each of the 30 states.
A presidentially appointed administrator heads the Federal
Capital Territory, Abuja.
During 1991 the FMG continued its measured steps toward
returning Nigeria along its own, firmly directed path toward
democratic, civilian rule by 1992 (see Section 3). Nationwide
voter registration exercises and party congresses at the ward,
local government, and state levels were conducted. Party
primaries, marred by widespread allegations of fraud, were held
to select gubernatorial and state legislative candidates.
State general elections by open ballot voting (see Section 3)
were held on December 14. A national census that will be the
basis for apportionment in the future civilian government was
conducted in November. In his year-end speech. President
Babangida announced that the controversial open ballot system
of voting, used in December, would be used again for the 1992
national elections, with certain unspecified modifications.
Responding to pressure from various ethnic and regional groups,
the FMG made radical changes in the Nigerian political map with
the creation of 9 states (now 30) and 136 new local government
areas (now 589) .
The FMG enforces its authority through the federal security
system — the military, the State Security Service, and national
police — and through the courts. As in the past, police and
security service officials committed numerous human rights
violations, including arbitrary arrests, detention without
trial, and excessive use of force.
Most of Nigeria's population of over 100 million is rural,
engaging in small-scale agriculture. The country depends on
oil revenues for over 90 percent of export earnings and to pay
for 80 percent of its budgetary expenses. In 1986 the FMG
initiated the Structural Adjustment Prograim (SAP) to address
economic problems exacerbated by the fall in oil revenues which
began in 1981. The SAP has had mixed results. In 1990, for
the third consecutive year, Nigeria's real gross domestic
product (GDP) increased by more than the population growth
rate. However, the SAP has led to growing public opposition.
Unemployment is widespread, and underemployment is high in
urban areas. Inflation rose sharply in 1991 due to excessive
government spending. Extreme disparities of income exist, and
the majority of Nigerians continue to live in poverty.
Human rights in Nigeria continued to be circumscribed in 1991.
The sections of the 1989 Constitution providing for individual
liberties can be superseded by AFRC decrees; Decree Two in
particular abridges due process with its broad detention
powers. Major problem areas in 1991 included: extrajudicial
killings, often involving the use of excessive force by
security forces; police brutality; poor prison conditions;
official mistreatment; arbitrary detentions; the lack of fair
trials; and press closures. Law enforcement personnel are
seldom, if ever, tried and punished for killings, torture, and
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NIGERIA
Other abuses. Ethnoreligious tensions between Muslims and
Christians erupted again in communal rioting, resulting in
hundreds of deaths in two major disturbances. There continue
to be only two government-mandated political parties. The use
of open ballot voting was heavily debated during the year, with
many Nigerians asserting that it disenfranchised significant
numbers of voters.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
Continuing a trend from previous years, use of excessive force
by police officers was common: in May, a Rivers state
government commission of inquiry, investigating the deaths of
over 20 persons in a disturbance in late 1990, recommended that
120 policemen be prosecuted for acts of brutality during the
disturbance. To date, however, no criminal charges have been
filed.
In March, seven unarmed persons were fatally shot by Lagos
police, who alleged, contrary to witness accounts, that the
seven were armed robbers. The Federal Ministry of Justice in
December demanded prosecution of the policemen involved in the
slaying of the seven; the decision results from findings of an
investigatory panel headed by a Deputy Inspector General of
Police.
In another highly publicized case, a Lagos businessman was
killed by police on May 15. Eyewitness accounts indicated
brutality and contradicted the police claim that he was
accidentally killed by a stray bullet. Policemen are to be
tried for the murder. In several other cases, police
reportedly killed persons while attempting to extort money from
them, then claimed the victims were armed robbers shot in
self-defense. There are also reports of criminal suspects
being killed in jail or after being brought under police
custody. One credible human rights group estimated at least
three extrajudicial killings per month by police or security
agents. In November, the Lagos State Commissioner of Police
announced that a Police Inspector would be tried for the murder
of an unarmed motorist at a police checkpoint.
b. Disappearance
There were no reported politically motivated disappearances.
However, FMG detention practices have the effect of causing
many detainees to be "missing" for extended periods (see
Section 1 .d. ) .
c. Torture, and Other Cruel, Inhuman, or Degrading
Treatment or Piinishment
The 1989 Constitution prohibits torture and mistreatment of
prisoners, and Nigerian law provides criminal sanctions for
such excesses. However, there were numerous credible reports
that police regularly beat suspects to extract criminal
confessions. In December the national daily Pionch publicized
the death of an 18-year-old trader while in police custody in
the town of Kano, and the Committee for the Defense of Human
Rights (CDHR) protested the deaths of two Lagos men, apparently
beaten to death while in police custody in November.
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NIGERIA
Mistreatment of both male and female prisoners by guards and
security officials were regular occurrences. Inmates often
beat others at the behest of or with the consent of prison
guards. Motorists at police checkpoints and pedestrians were
often harassed and sometimes beaten by police officers trying
to extort money. A leading member of a human rights
organization was beaten at a police checkpoint, and several
U.S. citizen summer interns working with the organization were
harassed. There have been no known government investigations
or disciplinary proceedings to punish those responsible for
alleged abuses within prisons; investigations of abuses at
police checkpoints are uncommon, though not unprecedented.
Several student union leaders, detained in the aftermath of the
threatened nationwide student strike in late May, complained of
mistreatment by prison officials. Some of the students alleged
that, under the threat of torture and after having been beaten,
they were intimidated into signing false statements naming
several human rights activists as the instigators of the
student strike and ensuing campus disturbances. At least two
student leaders went on a temporary hunger strike to protest
their treatment.
Conditions in Nigerian prisons continue to be life threatening
due to disease and malnutrition. The Civil Liberties
Organization (CLO), one of Nigeria's leading human rights
groups, reported that lack of food and potable water was
universal (approximately 50 cents per day is spent on each
prisoner for food) . Many prisoners do not have adecpaate
clothing and, according to credible sources, some go virtually
naked. Severe overcrowding forced some prisoners to sleep in
rows or in shifts. Inmates are sometimes manacled in their
cells or placed in solitary confinement for long periods
without justification, according to human rights groups. Time
outside the cell for exercise is minimal. Most cells are
poorly ventilated and filthy. Vermin are rampant, and most
long-term prisoners suffer respiratory ailments or various skin
diseases. Although most institutions have clinics, medical
care is inadequate. One credible source indicates that female
prisoners may give birth in prison with little medical
assistance or postnatal care. Prison-born children can remain
there for some time, without adeqiiate nutrition or schooling.
The CLO estimates that over 2,000 inmates die yearly as a
result of the poor prison conditions. In 1991 the CLO also
instituted lawsuits to force the FMG to improve conditions or
close some of the worst prisons. The suits are pending. The
FMG, acknowledging shortcomings in the prison system,
established the National Committee on Prison Reform in 1990.
The Committee was charged with reporting on prison conditions
and recommending improvements to the Attorney General in 1991.
It had not reported its findings by the end of the year.
During the year, however, the FMG released over 2,600
prisoners — some elderly and terminally ill — for humanitarian
purposes and initiated construction plans for new prisons.
d. Arbitrary Arrest, Detention, or Exile
The 1989 Constitution provides for trial within 3 months for
the criminally accused in most cases. However, inefficient
administrative procedures, petty extortion, and bureaucratic
inertia resulted in many detainees and prisoners being held for
protracted periods, sometimes years, without charge or trial.
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Over 40 percent of Nigeria's 60,000 prisoners are awaiting
trial or have not been charged, according to credible estimates.
Police officers are empowered to make warrantless arrests if
there is reasonable suspicion of an offense, or if they witness
commission of an offense. These provisions give police
officers wide discretion, which is frequently abused. Under
the law, the arresting officer must inform the accused of the
charges at the time of arrest and take the person to the
station for processing within a reasonable time. The suspect
must be given the opportunity to engage counsel and obtain
bail. Credible reports indicate that the police did not
generally adhere to these procedural safeguards and often held
suspects incommunicado, under harsh prison conditions, for
extended periods without informing them of their rights or the
charges against them.
Arbitrary detentions of ordinary citizens occurred throughout
1991. Motorists and pedestrians detained by police were
sometimes jailed for purposes of extortion. There were
instances in which police, after unsuccessful searches for
criminal suspects, detained the suspect's relatives.
Decree Two of 1984, the State Security (detention of persons)
Decree, provides that the FMG may detain without charge persons
suspected of acts prejudicial to state security or harmful to
the economic well-being of the country. When invoked. Decree
Two suspends the detainee's civil liberties. Decree Two also
contains a judicial ouster clause intended to prohibit judicial
scrutiny of acts under its purview. In 1990 the FMG amended
Decree Two, shortening the time a person may be detained
without charge from 6 months to 6 weeks, naming the Vice
President as the only authorized signatory of detention orders,
and creating a review panel to make recommendations for the
release or continued holding of detainees.
Nonetheless, many Nigerians still consider Decree Two the main
threat to their basic freedoms because the judicial ouster
clause encourages arbitrary detention with impunity for the
arresting officers. H\iman rights groups charged that the
review panel rarely met and detention orders were generally
renewed without review. Additionally, there are credible
reports that the provisions for effecting a detention under the
Decree were not always followed. Sources reported that many
persons were detained without a prior order signed by the Vice
President and that police and security officials subsequently
forged detention orders.
Decree Two was used in 1991 to detain and silence persons for
antigovernment actions or statements. In the aftermath of a
May and June national student strike and campus disturbances,
the FMG said it had detained approximately 200 student leaders
across the country, including the national executive officers
of the banned National Association of Nigerian students (NANS),
which had called the strike. Many of the students were
detained under Decree Two; others were simply detained without
charge. Many of the student leaders were detained over 2
months before, being released in August and September . The FMG
has not announced whether all detained students have been
released, and human rights groups have been unable to determine
if all have been released because the FMG never disclosed the
identities of the detainees.
Four journalists were detained for an article implicating
police in the shooting deaths of two students during a campus
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disturbance in Lagos, and two human rights activists were
briefly detained in connection with student disturbances.
Among the most publicized Decree Two detentions in 1991 were
those of Gloria Mowarin and Dorah Mukoro, girlfriend and wife,
respectively, of two fugitive officers implicated in the April
1990 coup attempt. Both women were detained shortly after the
unsuccessful coup. Mukoro was held with her children, one of
whom was born in detention. These detentions appear illegal
even under Decree Two, since the Government was holding the
women for acts they did not commit. In August Mrs. Mukoro and
her children escaped from detention. The FMG is still holding
Ms. Mowarin despite a February court decision quashing her
detention on technical grounds. A number of relatives of other
suspected coup plotters are also under detention, but the exact
number is unknown.
Many criminal suspects were held under Decree Two, although the
measure was not intended to apply to common crimes. As a
result, these suspects can also be held indefinitely after
charges are filed, and detention orders renewed, sometimes for
periods exceeding the maximum penalty for their alleged
offenses. This practice has not been discouraged by the
Government .
The FMG continued a process, begun in 1986, of reviewing the
cases of persons detained, convicted or charged under various
decrees during the previous military administration
(1984-1985). The exact number of such cases reviewed was
unknown but believed to be few.
There were no instances of forced exile as a means of political
control .
e. Denial of Fair Public Trial
Decree One of 1984, the Basic Constitution (modification and
suspension) Decree, left the institutional framework of the
judiciary relatively intact, but set up a parallel system by
transferring jurisdiction over certain major criminal offenses
from the courts to special tribunals, weakening the regular
court system in the process. The independence of the judiciary
has also been challenged seriously by the AFRC's assumption of
the role as the final arbiter and by promulgation of decrees
that prohibit judicial intervention.
Under these decrees, the AFRC has transferred jurisdiction over
cases involving corruption, currency violations, armed robbery,
and a variety of miscellaneous offenses, such as drug
trafficking and illegal oil sales, from the civilian judicial
system to special tribunals. In these cases, those charged
have access to legal assistance, bail (except in the case of
armed robbery), and the right to appeal (except in the case of
armed robbery and conviction under the civil disturbances
decree). Prior to a decree passed in July 1991, military and
police officers sat on these tribunals as coequals with a
civilian judge. Pursuant to the new decree, only sitting or
retired civilian judges can be on the tribunals. Nevertheless,
these tribunals still do not provide full procedural safeguards
normally granted the criminally accused. A leading human
rights group, the Constitutional Rights Project (CRP), reported
that the Recovery of Public Property Decree and Tribunal
substitute a presumption of guilt for the presumption of
innocence which customarily attaches in criminal proceedings.
Sentences by these special tribunals are generally severe.
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Convictions for armed robbery by the Special Robbery and
Firearms Tribunals carry the death sentence with no right of
appeal, although the sentence must be confirmed by the state's
governor before it is carried out. Conviction under the
Treason and Other Offenses Tribunal (established in 1986) also
carries the death sentence and provides for appeal only to the
joint chiefs of staff. Its recommendations cannot be appealed
but are subject to AFRC confirmation. Legal observers remain
particularly critical of the mandatory death penalty without
right of appeal, especially for cases involving armed robbers
who have been sentenced to death for thefts of small amounts of
money. Moreover, the CRP reported that rates of conviction in
these tribunals over several years were 93 percent, and in one
particular tribunal 100 percent.
The regular court system is composed of both federal and state
trial courts, state appeal courts, the federal Court of Appeal,
and the federal Supreme Court. Courts of first instance under
the 1989 Constitution include magistrate or district courts,
customary or area courts, religious or Shari'a (Islamic)
courts, and, for some specified cases, the state high courts.
The nature of the case usually determines which court has
jurisdiction. In principle, customary and Shari'a courts have
jurisdiction only if both plaintiff and defendant agree to it,
though in practice fear of legal costs, delay, and distance to
alternative courts encourage many litigants to choose these
courts. Under the 1989 draft constitution (scheduled to come
into full effect in 1992) Shari'a courts are limited to
followers of Islam and to only those states that establish them.
Trials in the regular court system are public and generally
respect constitutionally guaranteed individual rights. These
include a presumption of innocence, the right to be present at
a public trial, to confront witnesses and present evidence, and
to be represented by legal counsel. There is legal provision
for bail, but the Nigerian Bar Association and human rights
groups charge that bail is underutilized. As a result, many
accused persons remain in jail while awaiting trial for petty
offenses. Bail is denied to those charged with murder, armed
robbery, and drug offenses.
Public complaints about judicial corruption were frequent in
1991. There are credible claims that some judges sought
government advice before deciding cases where the Government
was a litigant; long adjournments are frequently granted in
wrongful imprisonment cases filed against the Government.
There were also credible reports that judges and security
agents pressured individuals to drop suits against the FMG or
state governments. Few released detainees or closed newspapers
filed or pursued suits against the FMG.
Nevertheless, within a complex legal system, in which the AFRC
has encroached on the traditional role of the judiciary,
Nigeria's courts have an established legal tradition, and a
number of judges seek to uphold it. For example, in a lawsuit
filed by several human rights groups against the temporary
closure of the Guardian family of publications in May, the
presiding Lagos State High Court judge issued a temporary
injunction barring the Lagos state government from any further
press closures during the pendency of the suit.
Some observers allege that there are political prisoners in
Nigerian jails, but they cannot provide specific information
and often do not distinguish between detainees held without
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charge and those convicted of political offenses. The number
of politically motivated detentions at any one time varied
widely during the year, from a handful to over 200 after the
May-June student disturbances.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Nigerian society is generally free of arbitrary interference by
the State in the private lives of its citizens. Provisions of
the 1989 Constitution guarantee the rights of privacy in the
home, in correspondence, and in oral electronic communications.
While there have been isolated instances of unauthorized forced
entry by security forces, the State does not carry out general
surveillance of the population.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of speech and press
The 1989 Constitution provides for freedom of speech and the
press, but it also reserves for the federal and state
Governments the exclusive right to own and operate radio and
television stations, the most important media for reaching the
public. There are no restrictions on ownership of print media,
and, despite considerable government intimidation, there is a
lively press. Among the many Nigerian daily newspapers are
seven privately owned national dailies with large circulations,
one daily owned by the federal Government, and another in which
the federal Government owns a majority share. Many states
operate their own daily or weekly newspapers. In some states,
privately owned dailies compete with state papers. Several
weekly newsmagazines vie for national readership.
Criticism of the Government is tolerated to a substantial
degree, and there is open discussion of political, social, and
economic issues. However, officials frequently caution
journalists, both publicly and privately, on their
responsibilities and the limits of acceptable press activity.
Although there are no published guidelines or decrees directly
limiting freedom of speech and the press. Decree Two
prohibitions against acts prejudicial to state security or
economic stability cast an expansive shadow, and most
journalists make a well-considered decision before publishing
sensitive news articles. The issues considered most sensitive
by the Government continue to be identifying top government
officials with corruption, publication of subjects the
Government believes are incitements to riot or which undermine
state security, and subjects which fall under "disrupting the
transition to civilian rule program." As a result of these
sensitivities, as well as the FMG's proven disposition to take
action against offending publications, self-censorship is
common .
Journalists who did not exercise self-censorship were targeted
during the year. The Guardian news publishing group (three
newspapers and three magazines) was closed by the Lagos state
government after the Guardian Express published an article
implicating the police in the deaths of two students during a
campus disturbance in late May. The editor and three
journalists from the paper were detained for several days.
From March 8 to March 21, John West publications (three
separate publications) was closed by security agents after one
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of its papers, the Lagos News, carried an article linking first
lady Maryam Babangida to a Lagos socialite who is the key
figure in a sensational corruption scandal; editors of the
paper were detained for 2 days. Without being charged for any
criminal offense or being granted a hearing, foreign journalist
William Keeling of the London-based Financial Times was
deported after writing an investigative report on government
expenditure of windfall oil revenues accrued through the
temporary oil price increase during the Gulf crisis. In
September the editor of a state-owned newspaper was demoted by
the newspaper's board of directors for placing an unflattering
picture of the President's wife on the newspaper's front page.
The Government and journalists continue to disagree on the
Media Council Decree of 1988, which still has not been
implemented because private journalists refuse to participate
in the council as contemplated under the Decree. The Decree
establishes licensing and educational requirements for
journalists. It also empowers the Media Council, to be
composed of government officials and journalists from
government and private media, to subpoena journalists and
require them to divulge sources of news articles.
Academic freedom, although generally respected, ccime under some
restrictions in 1991. There were no reports of censorship of
books or other academic publications or of the intimidation of
faculty. However, some campus groups allege that the state
security service maintains an active undercover presence on
campuses and reports directly to the Government and sometimes
university authorities on acts or attitudes considered
threatening to national security.
The National Association of Nigerian Students (NANS) remained
officially banned for alleged radical activities. A NANS
national executive meeting was disrupted by Lagos antiriot
police in early April. In late April, NANS called for a
nationwide student strike to pressure the Government into
meeting demands ranging from ending the Structural Adjustment
Program to providing guaranteed minimum stipends to all
university students. There were protests and disturbances on
several campuses, resulting in three confirmed student deaths.
Some students and human rights group claim, although without
strong corroborating evidence, that many of the disturbances
were instigated by students employed or encouraged by the
Government to disrupt peaceful NANS demonstrations. In the
aftermath of the disturbances, the NANS national executive
officers were detained, and overall approximately 200 students
were detained. Several schools were closed and student union
activities were banned or severely restricted by campus
authorities. Many of the NANS leaders have also been expelled
or suspended from their schools.
Violent gang-like student groups popularly known as "secret
cults" disrupted order on several campuses during the year, and
the Government took measures to curtail their activities.
Several hundred students were interrogated by security agents
and scores were arrested. Campus authorities formed anticult
boards of inquiry which have suspended or expelled scores of
suspected cult members across the country. Human rights
observers and some student leaders assert that the boards did
not provide fair hearings and that these proceedings were
sometimes used to remove dissidents and student union leaders
from campus .
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b. Freedom of Peaceful Assembly and Association
Nigeria's 1989 Constitution assures all citizens the right to
assemble freely and to associate with other persons in
political parties, trade unions, or other special interest
associations. Permits are not normally required for public
meetings indoors, unless administrative approval is needed to
use a government facility. Permits are required in many areas
for outdoor gatherings, but the requirement is routinely
overlooked by both the authorities and the organizations
holding the meeting or rally. In most states, open air
religious services away from a church or mosque continue to be
prohibited.
Nigerians form and participate in a wide variety of special
interest organizations, including religious groups, trade
groups, women's organizations, and professional associations.
Organizations are not required to register with the Government
and are generally permitted free association with other
national and international bodies. Following violent religious
disturbances in March 1987, however, the Government required
that religious groups be sanctioned by either the Christian
Association of Nigeria or the Supreme Council for Islamic
Affairs. Only two political parties, both organized by the
FMG, are permitted.
On December 18, the FMG rescinded the 1987 and 1989 decrees
that prohibited hundreds of present and former officials and
politicians from engaging in political activity or running for
elective office during the transition to civilian rule. Within
days of the FMG decision, 13 prominent politicians who had been
arrested on December 2 for violating the decrees were released
from custody, and charges against them were dropped. Although
official language rescinding the decrees had not been
promulgated at year's end, it is understood that all Nigerians
excpet those convicted of offenses committed while in public
office are now permitted to participate in politics, including
running for election to the National Assembly and the
Presidency in 1992.
c. Freedom of Religion
The 1989 Constitution prohibits the federal and state
governments from adopting any state religion. This is adhered
to in practice, though some Christians maintain that Islam
provides a political advantage and called on the FMG to
publicly state that Nigeria is not a member of the Organization
of the Islamic Conference. Constitutional provisions
guaranteeing freedom of religious belief, religious practice,
and religious education are generally respected. Nonetheless,
it is commonly reported that members of one ethnic group may
discriminate against those of another, and this discrimination
may take the form of bureaucratic obstacles and delays in the
construction of churches or mosques.
Religious publications and travel are unrestricted.
Missionaries and foreign clergy, though limited by quotas, are
permitted to work in Nigeria and have not encountered official
harassment or mistreatment.
Tensions between the Muslim and Christian communities remain
high in some parts of the country, particularly the north. In
Bauchi state, ethnoreligious fighting erupted in April,
resulting in hundreds of deaths and substantial destruction of
property in the state capital. Both Christian and Muslim
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populations blame government for failing to act promptly to
quell the violence and both cite instances of police and army
personnel taking sides in the disturbances. Katsina state was
also the site of violent religious disturbances in April when
fundamentalist Muslims, disturbed over what they perceived as
articles derogatory toward Islam appearing in the state
newspaper, attacked government buildings and clashed with
police. Many persons were arrested, and approximately 70 were
convicted and jailed for various offenses by a tribunal
established especially to investigate these disturbances.
In October there was a major outbreak of violence with
religious overtones in Kano. Gangs of Muslim and Christian
youths fought running street battles, killing an estimated 200
persons and wounding many others. There was extensive damage
to homes and shops. The immediate cause of the violence was
reportedly a Christian effort (a revival meeting) to win
converts in this strongly Muslim city. In contrast to the
fighting in Bauchi, the military intervened quickly, imposing a
dusk-to-dawn curfew and ordering security forces to shoot
rioters on sight. A Muslim congregation had been denied
permission to celebrate an Islamic holiday at the same venue, a
local stadium, only weeks before. While a Board of Inquiry has
been convoked, figures on arrests have varied widely, and there
were no convictions by year's end.
In the wake of violent disturbances in the northern state of
Kaduna in 1987, the Government instituted a ban, still in
effect, on all religious organizations on postprimary campuses,
while reaffirming the right of individual students to practice
their religion in recognized places of worship.
Publication of advertisements paid for by religious
organizations remain banned, although the ban is not strictly
enforced, and advertisements occasionally appear in the press.
Religious programming on radio and television, both government
controlled, remains limited in some areas. The 1982 ban on the
Maitatsine Muslim sect, the source of bloody disturbances in
1982, remains in effect. The group still exists but is closely
monitored by the police.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Nigeria's Constitution entitles its citizens to move freely
throughout the country and reside where they wish. The
Constitution also prohibits expulsion from Nigeria or the
denial of exit or entry to any Nigerian citizen. Nigerians
travel abroad in large numbers, and many thousands study
overseas. Exit visas are not required. However, the
Government occasionally prevents travel for political reasons.
A leading human rights activist has not been able to travel
abroad since August 1990 when his passport was seized by
security agents, and security agents in October seized the
passport of a lawyer active in the human rights community. In
the latter instance, a December court ruling enabled the
attorney to retrieve his passport on an interim basis for
medical travel. Further hearings are to be held on the case.
Under Nigerian law, wives — including expatriates — must have the
permission of their husbands to take their children out of
Nigeria. Security officials in the past have prevented wives
from leaving with children, but there were no known instances
of such interference in 1991. Citizens leaving Nigeria have
the right to reenter. Citizenship cannot be revoked for any
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reason. No known penalties have been levied against the
thousands of Nigerians who have emigrated, settled abroad, or
acquired another nationality. However, Nigeria does not
recognize dual nationality, and naturalization in another
country does not exempt a person from Nigerian laws.
Nigerian law and practice permit temporary refuge and asylum in
Nigeria for political refugees from other countries. Nigeria
supports and fully cooperates with the Lagos office of the
United Nations High Commissioner for Refugees (UNHCR) . The
country presently hosts an estimated 1,500 refugees each from
Liberia and Chad. Treatment and repatriation of refugees is
normally conducted in accordance with UNHCR standards. In 1991
several hundred Chadian refugees were voluntarily repatriated,
continuing a practice from previous years. No refugees were
reported expelled in 1991.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The 19-member AFRC headed by President Babangida is the highest
political authority in the land. There is no nationally
elected legislative body, and citizens do not have the right to
change their national government through the electoral
process. However, during the year, the FMG continued its
closely controlled program of political transition to civilian
government. The FMG has dictated the creation of only two
political parties, complete with political manifestos,
constitutions, and financing, with the exclusive right to
compete for public office. One is the National Republic
Convention (NRC) , the party "slightly to the right," and the
other is the Social Democratic Party (SPD), "the party slightly
to the left." Nationwide voter registration programs were held
in early August.
The political parties held ward, local government, and state
congresses to verify party membership lists and help select
party candidates for state elections. After postponements
caused by the creation of new states, both the NRC and the SDP
conducted gubernatorial primaries where nominees were chosen by
direct vote using an open ballot voting system. Under this
system, party members cast votes by standing in line behind
photos of their preferred candidates (the December state
general elections were also by open ballot.) The FMG announced
that the open ballot system, after certain modifications, would
also be employed for the 1992 national elections. Many critics
claim that the open ballot system subjected voters to coercion
and social pressure, particularly in rural areas, and, in urban
areas, discouraged civil servants and business people from
voting out of fear of losing their jobs or government
contracts, respectively.
The two parties engaged in political campaigning and activity
throughout the year. Generally, their activities were
peaceful. There were, however, instances of both interparty
and intraparty violence. While most of the violence was
limited to minor altercations, there were some fatalities and
destruction of property. In most cases, the perpetrators were
never apprehended, but the Government regularly issued strong
warnings against political violence.
The October gubernatorial primaries were marred by widespread
fraud on the part of candidates, party officials, and some
electoral officials. After weeks of legal and bureaucratic
tugs of war between candidates over contested results, the FMG
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annulled results in 9 states and disqualified 11 candidates.
In those cases, fresh primaries were held on December 5, with
fewer reports of irregularities. The gubernatorial and state
house of assembly elections on December 14 passed with little
turmoil. There were only isolated reports of violence and
electoral manipulation. The NRC won 16 of the 30 gubernatorial
contests, while the SDP gained control in more of the
unicameral state legislatures. Some of those results may be
subject to challenge.
Traditionally, Nigerian politics have been male dominated,
though women do not face legal impediments to political
participation or voting, and the FMG has actively promoted
their involvement. During the 1990 party elections, women in
various parts of Nigeria, including the traditionally
conservative north, won positions in the NRC and SDP. In 1991
there were several women who campaigned vigorously for state
and national offices.
Hundreds of former Nigerian government officials, both civilian
and military, were prohibited from participating fully in the
transition process until the decree instituting such a ban was
rescinded on December 18 (see Section 2.b.). Though their
right to vote had never been denied, they are now eligible to
campaign and run for office. Many prominent Nigerians from
across the political spectrum called for the lifting of the
prohibition.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The human rights committee of the Nigerian Bar Association
monitors the domestic human rights situation and occasionally
speaks out against human rights abuses. At least six major
local groups are active exclusively in human rights matters:
the Committee for the Defense of Human Rights, led by a
prominent Lagos physician; the Nigerian Council for Human
Rights, chaired by a leading Senior Advocate of Nigeria (SAN);
Human Rights Africa, led by a prominent Lagos lawyer; the Civil
Liberties Organization (CLO), led by several Lagos attorneys
and journalists; the National Association of Democratic
Lawyers; and the Constitutional Rights Project, headed by the
former national secretary of the CLO. Nobel laureate Wole
Soyinka frequently spoke out on human rights issues as did
various respected political figures and academicians.
The human rights groups, Soyinka, and, to a lesser extent, the
Nigerian Bar Association made strong public statements against
the open ballot voting system, substandard prison conditions,
police brutality, erosion of the jurisdiction of the courts,
and, most importantly, the continued use of Decree Two and
other forms of detention without charge. Some of these groups
also publicly opposed the FMG's endorsement of former head of
state Olusegun Obasanjo for United Nations Secretary General.
A former president of the Nigerian Bar Association, Bola
Ajibola, who also served as chairman of its Human Rights
Committee, continued to hold the post of Attorney General and
Minister of Justice. He has been severely criticized by human
rights activists for his defense of Decree Two. He was
nominated by the FMG and elected in December to the
International Court of Justice despite public opposition from
many in the human rights community. While most human rights
monitors were relatively free from government interference in
1991, attorneys Femi Falana and Alao Aka-Bashorun were detained
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and questioned in connection with the threatened national
student strike in late May.
The Nigerian Vice President in October threatened two local
hiiman rights groups after they publicly opposed the Obasanjo
and Ajibola nominations. Questioning the patriotism of the
groups, the Vice President said the FMG would act against any
group receiving foreign funding and whose activities could
destabilize the Governinent . To date, no action has been taken
against either group.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There is no official policy of discrimination against any of
Nigeria's 250 ethnic groups, and laws do not favor one group
over another. The 1989 Constitution requires that governmental
employment and the provision of government services reflect
"federal character," i.e., proportioning of public employment
and government services to reflect the ethnic and regional
distribution of the country's population. The FMG generally
makes a conscious effort to strike a balance among different
groups in its decisionmaking and in appointments to key
government positions. Ethnic and regional hiring quotas are
observed in most public sector employment. However, Nigeria
has a long history of tension among its diverse ethnic groups,
and tradition continues to impose considerable pressure on
individual government officials to favor their own ethnic or
religious group. Religious and ethnic favoritism or harassment
persist. Persons not indigenous to their state of residence
frequently experience difficulty, e.g., in finding employment
and enrolling their children in the schools of their choice.
Women have always had some economic power and have exerted
influence in Nigerian society through women's councils, family
connections, and to a much lesser extent, mainstream social,
economic or political organizations. As primary school
enrollment increases, girls and young women are gaining greater
access to education. However, according to U.N. data, females
get only 27 percent of the schooling of males. There has been
a dramatic increase in the number of women obtaining university
degrees and becoming professionals, including teachers,
lawyers, doctors, judges, senior government officials, media
figures, and business executives. However, despite some
economic independence, women suffer discrimination in
employment and experience social prejudice.
The pattern of discrimination against women varies according to
the ethnic and religious diversity of Nigeria's vast
population. In some states, husbanas can prevent their wives
from obtaining employment or passports. In many states, a
woman cannot own property in her own right and as a widow
cannot inherit her husband's property, which in the absence of
children usually reverts to the husband's family. Women do not
receive ec[ual pay for equal work, and male professionals
receive fringe benefits not extended to their female
counterparts. Women find it extremely difficult to acquire
coninercial credit or obtain tax deductions or rebates as the
heads of households. Single mothers face added
discrimination. Credible sources report that a highly
qualified candidate was denied appointment as a trial court
judge solely because she was a single mother. The Ministry of
Justice has pledged to investigate this charge.
299
NIGERIA
While violence against women exists, there are no statistical
data to help determine the extent of the problem. Police do
not normally intervene in domestic disputes. Reports of wife
beating are common, especially from rural areas, where women
are generally uneducated and unlikely to use the legal system
due to traditional pressures and ignorance of the law.
Moreover, in very traditional areas it is questionable whether
the courts would actively intervene to protect a woman who has
formally accused her husband, if the level of alleged abuse
does not exceed customary norms .
The Government publicly opposes female circumcision, which
reportedly affects close to 50 percent of the female
population. The most dangerous form, inf ibulation, is stil